Builder not follow thru with repair request. What to do?

[Trinh Huynh]

I bought a duplex from a local builder in New Braunfels, TX.  Right before the expiration of the 1 year warranty, I hired a professional inspector to inspect the units.  The inspector gave a list of items to repair.  The list includes a range of defects from garage door to irrigation system, to improper framing under the roof.  The framing issue was a big concern as a safety hazard.  According to my property manager, the list was sent and the builder did come back to fix some issues.  They gave me an OK that all repairs had been done.  So I sent the inspector out again & found out that some items were not fixed & there was some work done with the framing but still not right.  Since then, my property manager has repeatedly sent request for repair, but not getting response from the builder.  

The duplex is in its' 2nd year.  Some of the defects are still under builder warranty, some not.  However, all the defects were identified prior to the expiration of the 1st year warranty.

I talked to the builder sell agent, and he agreed to reimburse me for any item on the list (garage door stopped working) that I have had repair out of my pocket.  But I have not seen any reimbursement check yet.  I tried to avoid getting things fixed by my vendors as it could potentially void the warranty? but I'm worry for the tenants safety with the roof framing issue & want it fixed ASAP.

This has been going on for 7 months.  This builder is still very active in the area & expanding. My property manager has an open line of communication with this builder as he is also managing other units built by this builder, but whenever he asks for repairs for my units, it goes cricket. 

What options do I have to close this?  Is hiring a mitigating attorney a good idea?

Thanks in advance for your suggestions!

[Ronald Rohde]

Originally posted by @Richard Sherman:

@Trinh Huynh It is time to find a local (in TX) attorney who specializes in construction defects and go after the builder and/or their bond company.  I would also consider hitting the CCB board in TX with a complaint.

Maybe 1 more call/email laying it out.  Listen, here is the new report, and I want the following

1. Repairs made and I will have them inspected

2. You are covering all costs for inspectors

3. You are covering any lost rent or other issues

4. If these are not done, I am 

A. Filing a complaint with your licensing board 

B. We will be filing suit against the builder, the selling agent and their construction insurance.

Pretty good post, but Texas doesn't license general contractors so not much recourse there. Jump right to filing suit and if he's still building then he has cash flow we can attach.