Legal Question in Construction Law in Texas

Customer wants to go with another installer after work has begun

I have a job that has gone into delay for several reasons. During this delay the customer has decided to have an installer friend finish the job for a cheaper price. The deposit does not even cover the total cost of materials. The job is half done, the customer is holding my tools ransom and gave me a cell # to a ''lawyer friend'' to 'figure it all out.' I have offered three times (once in writing) to complete the job then once to take reasonable payment for labor completed, but it is looking like they think they have a good chance to brush me off and get the job done cheaper. We are in a standard 'you pay, I play' contract and by not allowing me to continue, I feel the customer is in breach. I have considered filing and M & M Lien but I am not certain that in the long run they won�t turn around and try to sue me when they sell their house. I am also aware that I have a legal right to appear with a sheriff to retrieve my tools. I am just trying to find a diplomatic, polite way to resolve this and the customer is not being reasonable. The amount I am trying to recover is around $2900 and the tools are valued around $550. Please advise.


Asked on 7/26/04, 10:31 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Customer wants to go with another installer after work has begun

Why be diplomatic? Exert your legal rights, reclaim your tools, and file suit in Small Claims for the work that you've already done.

You can't file an M&M lien because your contract doesn't meet the statutory requirements for filing an M&M lien on a homestead.

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Answered on 7/27/04, 10:13 am

Re: Customer wants to go with another installer after work has begun

Have you spoke with the attorney? If so what did he say? Do you have a copy of the contract? What is the reason for holding the tools? Was there any mentioning of time being critical?

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Answered on 7/26/04, 10:42 pm


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