Legal Question in Construction Law in Texas

I had a company give me a verbal quote over the phone to put wood floors in my house. Two days into the job they informed me that they had to level the floor more than they thaought. They already started leveling floor and supervisor called and said they never got a signed agreement from me. He emailed me a invoice and in small print it said extra work may be needed for leveling at $75.00 per bag. I called and said that was two much. I never signed the agreement they sent me. Two weeks later the job was finished and they emailed me a invoice for $2,225.34 more than first agreement. Bottom line is I never signed anything or agreed to pay them more. Now the company is threating me to file a lein on my house and take me to court. What should I do?


Asked on 10/12/12, 6:08 am

1 Answer from Attorneys

EDWARD KAZALEH KAZALEH & ASSOCIATES, LLP

Unfortunately, I suspect you encountered one of many local less than reputable contractors. You should have REQUIRED a written proposal and your signature to start and accept the work. In Texas, a lien can be filed fairly easily if they swear out an affidavit that they did the work and supplied the materials. I just got through dealing with a Client who faced a similar deal. Unlike almost all of the USA, we don't require licensing of "contractors" in Texas nor do we require Bonding. I suspect your seller subcontracted the job out to an independent contractor install crew. It is a common scam to add costs in to level a floor, when it is almost never required. I am a Lawyer who does a great deal of Construction Law and handles these disputes and lawsuits. While the Statute of Frauds requires written contracts for sale of goods in excess of $500 in Texas, there are many exceptions to that. $75 a bag or $2200 more is a heck of a lot for levelling compound. What was the cost of the job itself?

Many contractors pull this on every job they do!

You really should have stopped the work when you first saw there were additional charges being racked up. At this point, you really need an Attorney to QUICKLY send them a strong letter basically threatening them and investigate their back ground. If they file against you, it is going to get a whole lot more expensive to deal with! If you would like a no brief obligation consultation this weekend, please contact me [[email protected]] and I can discuss it with you to meet somewhere around your area.

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Answered on 10/12/12, 11:44 am


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