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Message
Austin area attorney to file lawsuit against a contractor
Posted on 3/27/17 at 8:06 am
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.
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 on 3/27/17 at 8:07 am to AustinTigr
Never pay it all upfront.
Posted on 3/27/17 at 8:09 am to Bullfrog
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.
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 on 3/27/17 at 8:12 am to AustinTigr
Gotcha. He'll put a lien on your house pretty quickly, just to respond. Be prepared for that.
Posted on 3/27/17 at 8:12 am to AustinTigr
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 on 3/27/17 at 8:14 am to AustinTigr
Don't let the Personal Injury tag fool you. This guy does it all.
Posted on 3/27/17 at 8:15 am to AustinTigr
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?
What does the contract say in terms of performance? Was timely completion essential?
Posted on 3/27/17 at 8:26 am to Grandioso
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 on 3/27/17 at 8:27 am to Bullfrog
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 on 3/27/17 at 8:34 am to AustinTigr
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 on 3/27/17 at 8:36 am to AustinTigr
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 on 3/27/17 at 9:24 am to AustinTigr
quote:
AustinTigr
don't sign the contract. get your lawyer first. he will advise you on how to proceed.
Posted on 3/27/17 at 9:41 am to AustinTigr
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 on 3/27/17 at 9:45 am to AustinTigr
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 on 3/27/17 at 9:50 am to AustinTigr
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.
The guy who is chasing the money is always at a disadvantage.
Posted on 3/27/17 at 9:50 am to AustinTigr
Who paid for the materials already used on the project?
Posted on 3/27/17 at 9:53 am to AustinTigr
You paid upfront didn't you?
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