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Contractor Problem: didn't finish the work

1,668 Views | 6 Replies | Last: 6 mo ago by Dr T and the Women
Dr T and the Women
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AG
Howdy Ags,

I need the collective wisdom here.

I am building a spec house in Travis County. We hired a trim guy to do trim/closets/cabinets.

We have paid him fully. He has done about 60% of the work.

Now he is demanding more money than his original bid to finish the job without any change orders.

What is my recourse?

His business is based in Comal county.

He has been paid 55k.

I don't want to add legal cost for a judgement I don't think this guy can pay. But I want some justice.

1. what county do I pursue in.. where project is or where he is?
2. best path?
No material on this site is intended to be a substitute for professional medical advice, diagnosis or treatment. See full Medical Disclaimer.
aggiepaintrain
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AG
How much more is he requesting?
You don't have much leverage since you already paid him and you don't want to go to court over it.

If he wants $5k-$10k more I'd just pay that *upon completion*, if he's talking about much more I would try to get any raw materials for the job delivered to the house then fire him and talk to a lawyer.
And get someone else to finish the job.



jja79
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AG
No experience on this end but have been involved financing hundreds of residential construction deals. Never pay for anything but work completed and use a qualified inspector to determine percentage of completion.
jopatura
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AG
Ask around in local Facebook groups for Travis & Comal County to see if anyone is familiar with him. There are contractor blacklist groups. Google his name + other surrounding counties. Look in the court records to see if he's been sued before. You should get an idea real quick if he's legit or not.

It could be he got underwater, used your money to finish up other projects, and now doesn't have enough to finish yours, especially if the time between getting paid and today has been a few months. People aren't bankrolling big projects as much anymore. I would not give him a dime though. Buy the materials yourself, take possession of them yourself, then he can come to the house to finish.

If he's habitual you may be able to talk to police about fraud charges. Comal County will probably help more then APD, but if you live in Travis County limits the sheriff may look at it harder.
Trout
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Did you get quote in writing? Was it broken out labor vs materials? Is he asking for more money on labor or materials? If it's materials get a copy from supply house and check it vs what has been delivered. Then re evaluate.
Agilaw
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AG
For a $55,000.00 construction project, I hope you have a written contract. If so and the contractor is refusing to perform after already having been paid in full, you might try to get the District Attorney involved.

If you had a written contract, is it with an entity or an individual? I wouldn't let him just walk out on the job and I wouldn't give any more money at this time. If he did good work and will complete the job for a small additional amount, you might consider that, but don't pay until completion. If he says no, pursue the D A option.
Dr T and the Women
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AG
Thanks everyone

he has only done about 60% of the work.
I won't give him more

I don't think I will recover the money or the work.

I will try small claims since it will cost me less than a lawyer.. don't know if he could afford a judgement even if I could get one

I will pursue with the DA too
No material on this site is intended to be a substitute for professional medical advice, diagnosis or treatment. See full Medical Disclaimer.
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