When one thinks of breach of contract cases, often what comes to mind is a contract between two individuals, such as between a homeowner and a plumber. But just as often, contract disputes arise between two businesses. A Texas pool repair company is being sued over damage its workers allegedly caused on a commercial work site in Katy, Texas. By destroying the drainage system of a property on which they worked, the company is accused of breach of contract, negligence and violation of the Deceptive Trade Practices Act.
The company was hired to re-plaster an outdoor swimming pool on a site located on Dominion Drive in Katy. According to legal papers, the defendants ruined the drainage system on the property by washing and cleaning out the plaster from their buckets. The plaster residue that was poured down the drainage pipes was said to cause a sewage backup on the property.
The yard required excavation to repair the damages. Several items required replacement, including some pipes, carpeting and some bathroom fixtures. The landowner is seeking actual damages, as well as treble damages. The landowner is also seeking to recover attorney's fees and court costs.
It is uncertain how this contract dispute case will turn out, but it is a good example of the kind of business litigation many Texans undertake to secure monetary compensation and hold responsible parties accountable. Contract disputes, including breach of contract, are often seen as complicated and even intimidating legal problems. Nevertheless, the law permits a person aggrieved by another's breach of an agreement to recover monetary damages and other forms of relief occasioned by the nonperformance of the contract.
Source: Ultimate Katy, "Pool repair business accused of ruining drainage pipes in Katy," Glenna Herald, Nov. 9, 2011