Motion for Summary Judgement

[HSTeacher1]

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!

[Mr. Knowitall]

You would present facts, argument, and any supporting statutory or case law, consistent with your state's rules of civil procedure.

We can't reasonably give you a tutorial on how to answer a motion within the context of an online forum. If you want a general guide, check the county law library or an area law school library for a guide to civil procedure (esp. pretrial civil procedure), and I expect you'll find considerable explanation of pretrial motions and summary disposition.