My question involves a consumer law issue in the State of: TX
I recently hired an individual to stain and seal a newly poured concrete floor in my detached garage. Agreed price was $2500. We discussed the scope of the project in person and by email. I sent him a picture of how I wanted the floor to look.
Work began on October 31 and ended late on November 3 at which time payment was made. Since it was dark and the floor needed to dry, the business owner instructed me to look at it the next morning and to let him know what I thought. He stated that if there were any issues to let him know and that he would make it right. On November 4, I contacted him by email to let him know that there were problems. Because of conflicting work schedules we agreed to meet the following Monday November 10. We met late that afternoon at 4:30 pm and I pointed out to him several issues (stain on the walls, grinder/sand marks, pitting, uneven places in the concrete slab that was originally smooth and uniform, footprints in the stain, bubbling, blistering, peeling, roller marks, globs, drips, thick glossy areas contrasting with dull thin areas, seal over grass, dirt and masking tape. Stain was also dripped down the driveway. The business owner agreed that it looked bad and that he would be back that Friday November 14 to fix the issues. He also stated that if he was unable to satisfy me, he would provide a full refund.
We also discussed a product called Duraflek, and he stated that he would help me out on that product if I wanted to go that route. We corresponded by email afterwards where he stated that he would cover half the cost of the Duraflek at $1636 total or $818 each. I indicated that I didnít want to put that much more money into the project in case the Duraflek ended up having issues too since an epoxy coating would require more money and effort to repair than what had already been done and subsequently requested the full refund he had mentioned Monday instead. He stated that he would get back with me that Friday. On Friday November 14 he responded by saying he had consulted with legal and would provide a partial refund of $800. He further stated that he was not willing to repair any damage. I have had a couple of other professionals come out and survey the floor and provide estimates for repair, which exceed the price of the original cost for the job. I can provide more details and pics if needed.
Do I have a case? If so or if not, how should I proceed?