Legal Question in Business Law in Texas

I hired a contractor for services. The services didn't turn out at all as they were promised. It was concrete and I was told that it would dry a different color and after sealant it would darken. Neither happened and after a week the concrete was cracking and the top layer was flaking. I called the company and the owner said that he thought it was a good job and that it looked nice. He told me that the job was well done. I asked him about redoing the job. He insisted on telling me how little money he makes on this job and that he couldn't redo the job at all. I wrote a check for this at the time of the install of the concrete only to discover the poor quality of the work a week later. I placed a stop payment on the check and the owner contacted me stating that I needed to pay him for the job. I said that since the job was faulty and he did not offer to redo the job I stopped the check. He was irate and threatened me with violence. At this point I would just like to know my options. Was I right in stopping the check? Any legal advice is much appreciated.


Asked on 12/03/09, 12:31 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

1. Take some good-quality photos of the concrete NOW.

2. Call a nice contractor and ask him to come look at the job and tell you whether or not it was done properly. Offer to pay him $50 for his trouble.

3. Get a file folder, and begin keeping all documentation (contracts, canceled checks, letters) in one place.

4. Write a letter (stop using telephones) and tell him exactly what happened, and ask him what his plans are to make things right. Put a date on the letter. Keep a copy.

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Answered on 12/08/09, 3:50 pm


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