Legal Question in Construction Law in Texas

I am a Houston Attorney who does a lot of Construction Law work, representing and suing contractor/consumers, etc., inluding roofers.

First, you really should have not paid half up front, but regardless, you need to be careful at this point. You can look up much of the law (Statutes) yourself but if it gets complicated, you really do need a lawyer over there. There are many that can work with you to do things as they go, cutting down expenses. As to Courts, first be aware you can always represent yourself as your own pro se attorney. SMall claims courts are the fastest to get to Trial, usually around 6 months and the filing fees are around $100. They go up to $10,000. But, they can be always automatically appeated by posting a bond for the amount of the Judgment and then the case goes to County Court at Law and starts all over again from the start. Also, some of the Judges are not lawyers so you get some real strange and unpredictable experiences. They will probably file there to save a few hundred in filing fees and hope you wont show up. Be aware that they CAN sue for breach of contract which could get them an award of -two to four thosand dollars more in Attorneys fees. Judgments last 10 years. If your home is not a homestead, they can file to foreclose on the Judgment Lien for up to 10 years. Also, it really messes up your credit score for 7 years.

We don't you try to reach a payment plan with them t avoid a lien and going to Court.

Roofers usually price out their bids to pay for all the materials (on delivery) and the crews out of the deposit. So, your roofer may work with you. Pay a coupleof hundred and get a lawyer to review any agreement you sign! Also, be sure any warranties are not released if you sign any mutual release later.

Good Luck. Email me if you need something quick anwered gratis. [email protected]

If you were here, I'd represent you. But in Dallas it would have to be a several thousand Dollar dispute to make it worthwhile.