Inside the Win: How to Beat a Bad Contractor in 60 Days
At The Moster Law Firm, we are NOT NICE to bad contractors. We are aggressive. We go after builders who leave homeowners with defective work, broken promises, and mounting losses.
As one of the largest residential and commercial construction litigation firms in Texas, we have a reputation for taking on bad contractors and fighting hard for our clients.
We don’t get presents from bad builders.
Clients come to us to win. And you don’t win unless you are prepared to “GO HARD.” That means building the evidence, making forceful demands, and preparing to take the fight into litigation or arbitration when necessary.
Our objective is a meaningful resolution within 60 days whenever the facts and circumstances allow. Texas law generally provides a 60-day presuit notice process that we use to pursue that goal. It does not guarantee a settlement, completed repairs, a replacement home, or payment of attorney fees within that period.
Inside the Austin Win
Our Austin office recently handled a case involving homeowners whose new home developed substantial water intrusion a few years after they moved in. Water appeared around the windows and behind the walls. The situation became especially distressing when the homeowners reported severe respiratory symptoms.
Further investigation identified improperly applied sealant, deterioration of the brick structure, and conditions behind the walls that allowed mold to develop. The builder attempted a series of quick fixes that failed to address the underlying problems. We call that the “band-aid approach.” Eventually, the homeowners were ghosted.
The Moster Law Firm took an aggressive position, documenting the construction defects, the builder’s conduct, and the clients’ damages. The legal strategy combined the Residential Construction Liability Act process with claims under the Texas Deceptive Trade Practices Act.
The result was a substantial monetary settlement compensating the homeowners for their damages. All parties signed the agreement in May.
Congratulations to Kevin Green, our Senior Attorney in Austin, whose construction experience and determination helped secure this result. This case illustrates the work behind a win: establishing what went wrong, proving the harm, and making the builder confront the claim.
First We Give You Real Answers for Free
Our process begins with a free, hour-long consultation. We ask prospective clients to provide their contracts, warranties, photographs, inspection reports, and relevant communications in advance so we can review the available documents before the meeting.
During the consultation, we provide actual legal advice and analysis. We discuss the strengths of the case, potential weaknesses, available remedies, and whether pursuing the builder makes practical and financial sense.
If the information supports a strong claim, we will say so. If something important is missing, we will identify it. If hiring us would not make economic sense—or there is a practical step you can take yourself—we will tell you that, too. You should leave the consultation with a clearer understanding of your position and your next move.
Construction Experience Makes a Difference
The Moster Law Firm has built a substantial statewide construction practice. Water intrusion, defective foundations, failed repairs, and builder disputes are issues our attorneys handle regularly.
Think of a surgeon who repeatedly performs a particular operation. Experience helps that surgeon recognize the problem, anticipate complications, and choose a course of action. Construction litigation calls for the same depth of familiarity.
We bring that experience to the first meeting. We can explain what the available evidence means, what additional investigation may be necessary, and where the builder’s position appears vulnerable.
Then We Build the Strategy with You
If we take the case, we establish a retainer designed to make getting started affordable and explain how fees and expenses will work. We then schedule an in-person meeting to discuss the dispute in detail.
We examine the history of the defects, the builder’s promises, attempted repairs, and the losses the client has sustained. We also discuss what a successful outcome would look like: proper repairs, funds to hire a qualified replacement contractor, replacement of defective components, or another appropriate solution. In a severe case, a buyback or rebuilding may be part of the demand when the facts and available remedies support it.
The strategy starts with the client’s needs and the evidence required to support the claim.
The Demand Letter Makes the Stakes Clear
Next comes a forceful, detailed demand. We identify the defects, explain the legal claims, document the losses, and state the relief we seek. The builder should understand both what it will take to resolve the dispute and the litigation exposure if an acceptable resolution cannot be reached.
Two Texas laws often play important roles:
The Residential Construction Liability Act, or RCLA, establishes notice, inspection, and settlement procedures for covered residential construction disputes. We use that process to present the evidence and pursue meaningful relief, including appropriate repair costs and recoverable attorney fees.
The Texas Deceptive Trade Practices Act, or DTPA, can provide claims for qualifying deceptive conduct and warranty violations. Available remedies depend on the proof and applicable limitations, including the RCLA where it controls. Attorney fees and, in qualifying cases, enhanced damages may be available.
The 60-day process creates an opportunity to resolve a dispute before litigation. Repair completion can follow a separate timetable after an offer is accepted. We use the notice period actively to advance the case and press for a workable agreement.
We Negotiate Hard and Prepare to Follow Through
A builder who has ignored a homeowner should expect a very different conversation once we become involved.
Our attorneys negotiate firmly with the builder’s lawyer. We challenge inadequate repair proposals, press for appropriate compensation, and insist on clear settlement terms. Another promise to “take a look” is no substitute for an agreement that addresses the actual defects.
We don’t bluff. As one of the largest construction litigation firms in Texas, we have the attorneys, experience, and resources to carry out our threats to litigate. When we tell a builder we are prepared to take the case to court or arbitration, we have the ability and determination to follow through. That gives our demands weight at the negotiating table.
You cannot negotiate successfully with a bad contractor if you are timid about enforcing your client’s rights. We are the opposite. We prepare the evidence, challenge the builder’s position, and press hard for a meaningful resolution. Our willingness and ability to pursue the case strengthen our negotiations and help deliver successful outcomes for our clients.
We also evaluate every offer carefully with the client, because rejecting a reasonable offer can affect recovery under Texas law. The client makes the settlement decision with a clear explanation of the benefits and risks.
When a fair resolution is possible within 60 days, we push hard to achieve it. When more work is required, we explain the next steps and prepare to pursue the case.
Your First Step Costs Nothing
We publish success stories every month because homeowners deserve to see the results behind the promises. The Austin settlement is one example of our commitment to holding builders accountable.
If your builder is offering excuses while your home continues to deteriorate, contact The Moster Law Firm for a free, hour-long consultation. Let us review the documents, assess the case, and explain how we would go after your contractor.
Visit www.themosterlawfirm.com to schedule your consultation.
Texas statutes: RCLA — Texas Property Code Chapter 27 | DTPA — Texas Business & Commerce Code Chapter 17
