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Is an email warranty legal?

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bw1802

Junior Member
What is the name of your state (only U.S. law)? Texas
I just had a new deck completed 11/09/09 and some of the decking is having structural issues such as bouncing and flexing. It has detached from the support boards underneath and moves a bit.

We hired an independent contractor and the only paperwork we have is a form we signed called "acceptance of proposal" which included the work to be done and the amount the job would cost, but no info on a warranty. However I do have an email he sent before work started that the job includes a 5 year warranty provided the deck is properly maintained.

He is not returning calls or emails and I think he is giving us the "brush off" to return to repair the deck. If I wanted to try to persuade him to honor his work by suggesting legal action is the email statement of warranty good enough or am I out of luck? Do I have any other legal options to get him to fix the new deck he just built? We had a great working relationship and would be disappointed to have to ruin that so I want to be sure I have a leg to stand on before I choose to confront him. That is, if he'll return my calls...

Any advice is greatly appreciated,
bw1802
 
Last edited:



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