My question involves small claims court in the state of: Texas
We are suing a contractor over inproperly performed plumbing work.
The companies laywer has been trying everything he can for the last 6 months to delay and get the case thrown out.
His latest tactic is to ask for a Summary Judgement. The grounds are that we agreed to a one year warranty in the initial contract (true), and since we are outside of that time they have no obligation to us.
Our position has been that this is not a warranty issue, it is a sub-standard work issue (backed up by written testimony from two independent sources).
How should we answer this request for a summar judegement?
Thanks or any help!