Legal Question in Construction Law in Texas

bad construction work

My husband and I verbally agreed with an individual some work. Since he started we pointed out several problems and told him numerous times. He also did not comply to his word on some work. His answer was he will do it later. He has taken many shortcuts with materials and has done patch work. He has not been honest with us, and we gave him 50% up front. He told us that he was finished and wanted the other half. He has had enough time to go back and fix his mistakes, but refuses to do so. I have called other contractors and in order to fix those mistakes it will take a little more than what is owed to him. The other contractors told us he has gotten his money already, and not to pay the balance. Do we have to pay him for the other half?


Asked on 8/14/07, 5:14 pm

1 Answer from Attorneys
Jason Charles Ciarochi Ciarochi and Associates, PLLC

Re: bad construction work

When in doubt, the person who is in physical possession of the money or object is in the best position. In this case, if you in good faith feel that the job was not done well and that it will take the other half of the money or more to have a reasonably conforming construction job, then do not lose sleep over not paying the money. Have an attorney draft or approve a letter explaining what you beleive is owed and specifically what parts of the job are deficient. Document the work (consider photographs). Document what it will cost to correct the work. Most of all, during the process, keep a level head. Ask someone else who is not a buddy (and is not looking for a contract) what is reasonable in terms of defects or differences in opinion as to what should or has to be done to have a normal installation job.

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Answered on 8/15/07, 10:14 am


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