Soil-Structure Interaction Seminar - Foundation Performance ...

construction or design of the house. Even more far reaching cases
have involved developers and lenders.
C. Liability for a defective foundation might be premised on one or more of the
following grounds:
1. "Laundry List" of 24 False, Misleading, or Deceptive Acts or Practices
DTPA §§ 17.50(a)(l) & 17.46(b)(l)-(24)
a. Representing that a built project in general, or its foundation in
particular, has "characteristics, ingredients, uses, benefits or
quantities" that it does not actually have. (e.g., misrepresenting
that a foundation will not shift or crack, or the amount of steel that
the foundation contains).
b. Representing that a project or its foundation is "of a particular
standard, quality, or grade." Jim Walter Homes, Inc. v. Chapa,
614 S.W.2d 838 (Tex. Civ. App.--Corpus Christi 1981, writ ref'd
n.r.e.) (builder's misrepresentation that home would be built in a
"good, substantial, and workmanlike manner" created grounds for
DTPA liability).
c. Failing to meet contractual obligations to supervise and inspect the
work of employees. Building Concepts, Inc. v. Duncan, 661
S.W.2d 897 (Tex. App.--Houston [14th Dist.] 1984, writ ref'd
n.r.e.).
d. Passing off goods and services as those of another.
e. Representing that an agreement confers rights, remedies or
obligations which it does not have.
f. Representing that a guarantee or warranty cGnfers rights or
remedies which it does not have.
g. Representing that work or services have been performed on goods
when the work or services were not actually performed.
2. Breach of an Express or Implied Warranty-- DTPA § 17.50(a)(2)
a. Express warranties
(1) Example: Representation that all defects in house will be
repaired by builder. Moore Bros. Lumber Co. v. Toombs,
3