Legal Question in Construction Law in Texas

Subcontractor dispute
We are owner-builders of a new home. We are in a dispute with a plumbing contractor. We have a bid, not a signed contract, for $6500. He completed rough in in October 2004, was paid $2300 and signed a final lien release. He then went out of business, but agreed to do the job in his spare time. We agreed to proceed on those terms. In January, after multiple no shows and delays, he began work on the next phase but only worked 1 day and was unable to complete the phase at that time. He demanded money for work done, but we offered to pay only when the phase was completed. An independent plumbing inspection found work not within building codes, work not completed, and work done incorrectly. Most disturbing was a seemingly deliberate sabatoge of a plumbing supply line that would have resulted in permanent problems had it not been found. He was given notice by certified letter of deficiencies and given time to correct/complete the work, and did not respond within the time allowed. He is now (a month late) demanding payment and requesting time to complete the job. We hired another contractor to complete the job, and feel no obligation to pay him further, given the circumstances. Do we owe him money?

Asked on 2/22/05, 4:22 pm

Peter Bradie Bradie, Bradie & Bradie

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Re: Subcontractor dispute

If the rough-in had to be re-done, he may owe you money. Unfortunately the ultimate determination will probably be made by a judge in Small Claims.

Answered on 2/22/05, 4:51 pm

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