Legal Question in Construction Law in Texas
Breaking a construction contract
I have hired a contractor to remodel a bathroom. I have paid for the work that he has done so far but am not sure about his ability to finish the job. He has stated more than once that he doesn't want to do the tile work the way we want and won't guarentee the work if done our way. If it were a style that was out of the norm I would understand but I believe it's because it's more labor intensive, which he has clearly stated. We don't think that we are asking anything out of the ordinary and would like to look for a contractor that will do the work the way we want and guarentee it. As I said, we have paid him for the work done so far but we would like to stop the work with him. Basically, can we fire him because we don't feel comfortable with him doing the remainder of the work and doing a satisfactory job, based on conversations we've had with him thus far?
1 Answer from Attorneys
Re: Breaking a construction contract
From the information that you have given, it appears that he has given strong hints that he would like for you to get someone else to do the tile work. Therefore, ask him and offer a mutual termination. It may cost you more to hire someone else to do the tile work, but in the long run it may still be well worth it to you at this point.
If you fire him, you may be in breach of your contract, but the potential damages may not be all that great (his loss of profit).
If there was no specific guarantee when you entered into the agreement, you still have an implied warranty that he will do the job in a "good and workman like manner" (a phrase common in construction and construction trades). If this person is a one-man show, a guarantee may be no better than his personal integrity, and that may or may not be worth anything.
It is better to bring the subject up now rather than waiting until either of you ends up very unhappy.
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