Each student will be given a fact pattern and will draft a Original Petition demand. Please include all causes of action for which you believe each defendant is liable. Please include a request for damages. Please include all necessary language for this to be a legally effective Original Petition.

Original Petition:

All persons and companies below are fictional (except me).

Your attorney (John Lamerson, Bar No. 24076495) just signed a new client as Plaintiff. You can find all attorney information at texasbar.com.

Your client's name is John Doe, and he resides at 1234 Elm Street, San Antonio, Texas 78229.

He is in a dispute with his contractor, ABC Contracting, Inc. ABC Contracting, Inc. is a Texas corporation that has a principal place of business at 5678 Main Street, San Antonio, Texas 78231. The registered agent for service of process for ABC Contracting, Inc. is Jane Smith at 910 Tanacahua Avenue, Corpus Christi, Texas, 78404.

The actual salesperson for ABC is Frank Alvarez. His address is 4321 Carancahua Street, Floresville, Texas 78114.

John Doe entered into a contract with ABC Contracting, Inc. to remodel his home on June 2, 2021. ABC finished its work on August 15, 2021. John Doe wants to sue for fraud and breach of contract as he believe ABC did a poor job. John Doe had a written contract with ABC Contracting, Inc. to repair his bathroom, kitchen, and flooring for $35,000.00. He claims the bathroom leaks, kitchen didn't have the makes/models of the cabinets he specified, and that the flooring was installed improperly and is already warping from moisture. He has a new estimate from DEF Contracting, LLC to repair the damage for $21,000.00.

John Doe wants the entire fee he paid the ABC ($35,000.00), the amount he needs to pay to DEF ($21,000.00), his attorney fees (unknown total amount yet), his mental anguish (which he estimates at $250,000.00), his attorneys' fees, and exemplary damages of $1,000,000.00. John Doe wants to sue both Frank Alvarez and ABC.

Your attorney wants you to draft this petition for county court at law here in Bexar County, but wants you to check if this is the best venue. He needs this by Friday at 11:59pm.

REMODELING CONTRACT Parties: This agreement (the "Contract") is entered into on [Date] between: John Doe 1234 Elm Street San Antonio, Texas 78229 (Hereinafter referred to as "Client") and ABC Contracting, Inc. 5678 Main Street San Antonio, Texas 78231 (Hereinafter referred to as "Contractor") Representative: Client acknowledges that Frank Alvarez, residing at 4321 Caranchua Street, Floresville, Texas 781 14, is the designated sales representative of ABC Contracting, Inc. (Hereinafter referred to as "Sales Representative"). Scope of Work: Contractor agrees to provide remodeling services as follows: 1. Repair and remodel of Client's bathroom, kitchen, and flooring as specified in Exhibit A, attached hereto and incorporated herein by reference. Contract Price: The total contract price for the aforementioned services is $35,000.00 (Thirty-Five Thousand Dollars) (the "Contract Price"). The Contract Price includes all labor, materials, and equipment necessary to complete the work described in Exhibit A. Payment Terms: Client shall make payments to Contractor as follows: 1. An initial deposit of $10,000.00 (Ten Thousand Dollars) upon execution of this Contract. 2. Progress payments totaling $20,000.00 (Twenty Thousand Dollars) as work milestones are completed, as outlined in Exhibit A. 3. Final payment of $5,000.00 (Five Thousand Dollars) upon substantial completion of the project and Client's approval of the work.

Warranties: Contractor warrants that all work performed under this Contract will be done in a good and workmanlike manner and in accordance with applicable building codes and industry standards. Contractor further warrants that all materials used will be new and of good quality. Termination: Either party may terminate this Contract upon written notice to the other party in the event of a material breach of the terms herein. In the event of termination, Contractor shall be entitled to payment for work performed up to the date of termination, as well as reimbursement for any costs incurred in connection with the termination. Governing Law: This Contract shall be governed by and construed in accordance with the laws of the State of Texas. Entire Agreement: This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter. IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written. Client: Is/ John Doe John Doe Contractor: Is/ Frank Alvarez Frank Alvarez for ABC Contracting, Inc ABC Contracting, Inc.

Exhibit A: Scope of Work Bathroom Renovations: 1. Demolition and removal of existing fixtures and finishes. 2. Installation of new plumbing fixtures, including but not limited to: Vanity with sink Toilet . Shower or bathtub (as specified by Client) 3. Installation of new tile flooring. 4. Installation of tile walls in shower or bathtub area. 5. Installation of new lighting fixtures. 6. Painting of walls and ceiling. Kitchen Renovations: 1. Demolition and removal of existing cabinetry and countertops. 2. Installation of new cabinetry, including but not limited to: Base cabinets 0 Wall cabinets o Pantry (if applicable) 3. Installation of new countertops, as specified by Client. 4. Installation of new plumbing fixtures, including: o Sink with faucet o Garbage disposal (if applicable) 5. Installation of new appliances, as specified by Client, including but not limited to: Refrigerator Range/oven Dishwasher o Microwave (if applicable) 6. Installation of tile backsplash. 7. Installation of new lighting fixtures. 8. Painting of walls and ceiling. Flooring: 1. Demolition and removal of existing flooring. 2. Installation of new flooring material, as specified by Client, including but not limited to: Tile Hardwood o Laminate 3. Installation of baseboards and trim.

General: 1. All work shall be performed in a professional manner and in accordance with applicable building codes and regulations. 2 . Contractor shall obtain any necessary permits for the work described herein. 3. Client shall have the opportunity to inspect the work upon completion and notify 4 . Contractor of any defects or deficiencies to be corrected. Contractor shall clean up the work area and remove all debris upon completion of the project. Note: The specifications outlined in this Exhibit A are subject to change based on Client's preferences and Contractor's recommendations. Any changes to the scope of work must be agreed upon in writing by both parties.

3. Defendant Mori. ndividual residing in + SERVIN ncipal pla Remediation Estimate Client: John Doe 'se, at 12 Address: 1234 Elm Street, San Antonio, Texas 78229 Contractor: DEF Contracting, LLC Agent: Maria Garcia ings, Address: DEF Contracting, LLC, 3000 Apollo Avenue, San Antonio, Texas 78222. can Date: May 31, 2024. Scope of Work: DEF Contracting, LLC ("Contractor") agrees to provide remediation services to address the deficiencies in the remodeling work previously performed by ABC Contracting, Inc. ("ABC"). The scope of work shall include but not be limited to the following: 1. Bathroom Remediation: . Repair of leaks and water damage. 0 Replacement of faulty plumbing fixtures. o Corrective tile work as necessary. 2. Kitchen Remediation: o Installation of correct cabinet makes/models as specified in Exhibit A of the previous contract. Adjustment or replacement of plumbing fixtures as necessary. Correction of any deficiencies in countertop installation. 3. Flooring Remediation: o Removal and replacement of warped flooring. Installation of new flooring material to meet Client's specifications. Contract Price: The total contract price for the remediation services described above is $21,000.00 (Twenty-One Thousand Dollars). Reference to Previous Contract and Exhibit A: This estimate is based on the deficiencies identified in the previous remodeling contract between John Doe and ABC Contracting, Inc., as well as the specifications outlined in Exhibit A of said contract. Payment Terms: Client agrees to make payment to Contractor as follows: . An initial deposit of $5,000.00 (Five Thousand Dollars) upon execution of this estimate.

Travis On. s princ . Fies completed. Progress payments totaling $10,000.00 (Ten Thousand Dollars) as work milestones are Final payment of $6,000.00 (Six Thousand Dollars) upon substantial completion of the project and Client's approval of the work. . Sp Acceptance: By signing below, Client acknowledges acceptance of this estimate and authorizes DEF Contracting, LLC to proceed with the remediation work described herein. Client Signature: (John Doe) Date: Contractor Signature: (Maria Garcia for DEF Contracting, LLC) Date: