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Austin area attorney to file lawsuit against a contractor

Posted on 3/27/17 at 8:06 am
Posted by AustinTigr
Austin, TX
Member since Dec 2004
2937 posts
Posted on 3/27/17 at 8:06 am
I'm just compiling a list of attorneys at this point. Contractor is being given last chance this week.

Relatively simple job: Replace siding on 2 sides of the house, replace exterior deck, enclose 2nd floor deck.

76 days later, project only 30% complete.
VERY shoddy workmanship.
Hazards all around.

Photo evidence with emails to contracts in support.

Paid a LOT of money and suing for a refund minus work completed.

This post was edited on 3/27/17 at 8:07 am
Posted by Bullfrog
Institutionalized but Unevaluated
Member since Jul 2010
56170 posts
Posted on 3/27/17 at 8:07 am to
Never pay it all upfront.
Posted by AustinTigr
Austin, TX
Member since Dec 2004
2937 posts
Posted on 3/27/17 at 8:09 am to
Agreed... and did not intend to do so. What happened is that the project was part of a MUCH larger scope... the money paid was only a portion of that larger scope.

They've been screwing up the exterior so bad that we cut out the interior portion of the scope altogether. But just paying on that larger scope was a lot of money.
This post was edited on 3/27/17 at 8:10 am
Posted by Bullfrog
Institutionalized but Unevaluated
Member since Jul 2010
56170 posts
Posted on 3/27/17 at 8:12 am to
Gotcha. He'll put a lien on your house pretty quickly, just to respond. Be prepared for that.
Posted by tigerbutt
Deep South
Member since Jun 2006
24567 posts
Posted on 3/27/17 at 8:12 am to
I do not do business with anyone requiring a large amount due up front. I tell them I'll purchase the materials myself if necessary.
Posted by colorchangintiger
Dan Carlin
Member since Nov 2005
30979 posts
Posted on 3/27/17 at 8:14 am to


Don't let the Personal Injury tag fool you. This guy does it all.
Posted by Grandioso
Driftwood, TX
Member since Dec 2015
1597 posts
Posted on 3/27/17 at 8:15 am to
Hmm...I'm a (somewhat recently retired) architect. Being born and raised in the Austin/Driftwood area, I know a lot of contractors (which to work and not work with).

What does the contract say in terms of performance? Was timely completion essential?
Posted by AustinTigr
Austin, TX
Member since Dec 2004
2937 posts
Posted on 3/27/17 at 8:26 am to
We had a defined scope of work but not an official contract. Now he wants me to sign a contact, but I do not want to at this point because there is arbitration language. I don't want to be bound to arbitration.
Posted by AustinTigr
Austin, TX
Member since Dec 2004
2937 posts
Posted on 3/27/17 at 8:27 am to
quote:

He'll put a lien on your house pretty quickly, just to respond. Be prepared for that.


A lien for what? After we reduced the scope, the remaining project is now paid in full... GENEROUSLY in full.

How can he file a lien? I literally owe him nothing. He has hardly any materials on my property except some ladders.
Posted by 12Pence
Member since Jan 2013
6344 posts
Posted on 3/27/17 at 8:34 am to
quote:

A lien for what?


I'm not versed with the laws of Texas, but most states provide for a mechanic, contractor, or materialman's lien.

The lien basically covers the materials, labor, and work provided for.
Posted by 12Pence
Member since Jan 2013
6344 posts
Posted on 3/27/17 at 8:36 am to
quote:

Now he wants me to sign a contact, but I do not want to at this point because there is arbitration language. I don't want to be bound to arbitration.


Cross it out...
Posted by lsujro
north of the wall
Member since Jul 2007
3919 posts
Posted on 3/27/17 at 9:24 am to
quote:

AustinTigr


don't sign the contract. get your lawyer first. he will advise you on how to proceed.
Posted by Rouge
Floston Paradise
Member since Oct 2004
136794 posts
Posted on 3/27/17 at 9:41 am to
quote:

Austin area attorney to file lawsuit against a contractor


quote:

76 days later, project only 30% complete.
VERY shoddy workmanship.
Hazards all around.


It appears that you may not be a contracts attorney
Posted by jamboybarry
Member since Feb 2011
32642 posts
Posted on 3/27/17 at 9:45 am to
quote:

After we reduced the scope


Since you didn't sign a contract (stupid) I'm assuming you don't have a signed deductive change order for this?
Posted by Aux Arc
SW Missouri
Member since Oct 2011
2184 posts
Posted on 3/27/17 at 9:50 am to
If the claim is not worth $50,000 or more, it is probably not worth the trouble. I assume there is no bond. Ask yourself if spending 3 years and $30,000 to get a judgment that is likely to be un-collectable is how you want to spend your time and money.

The guy who is chasing the money is always at a disadvantage.
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 3/27/17 at 9:50 am to
Who paid for the materials already used on the project?
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
118943 posts
Posted on 3/27/17 at 9:53 am to
You paid upfront didn't you?
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