If my auto body repair shop did not fix my car as we had agreed, can I sue?
I took my car to the body shop and they did not fix it as we had agreed on our written contract. I paid them in full $(2000) before they would release the car. They refused to repair my car even after they gave a 5 year warranty.
You could file a lawsuit against the body shop for breach of contract based on failure to repair your car according to the terms of the contract. A separate cause of action (claim) in your lawsuit would be breach of express warranty for the failure of the body shop to comply with the terms of the 5 year warranty.
You said the body shop "did not fix it as we had agreed". If the body shop performed some repairs, but did so negligently, an additional and separate cause of action (claim) in your lawsuit would be negligence.
If repairs were done, but were substandard, another cause of action in your lawsuit would be breach of implied warranty of merchantability. This means that the work that was done was substandard and was of a quality not acceptable in the trade (auto repairs). You may also be able to contend that substandard repairs constitute breach of implied warranty of fitness for a particular purpose because you would not be able to use the vehicle for its intended purpose.
Depending on the language of the Lemon Law in TX, you might be able to include another cause of action for violation of a statute (the Lemon Law).
Your damages (the amount you are seeking to recover) would be based on the cost of repairs or your out-of -pocket loss. Damages would also include court costs such as the court filing fee and process server fee.