Dear Sir/madam, We were called for emergent service to repair burst pipes during the severe winter storm on 02/20/21. Three of us had fixed 9 burst pipes with 10 broken holes from 10:00PM to the next day 3:00AM. The property owner watched the whole time and agreed to pay each pipe repair fee. She refused to pay with other methods and just wanted to pay with her credit card. As a general contract, I normally don't accept credit card at all due to the high transaction fee, but she insisted on it (she planned to dispute it if her insurance policy doesn't cover this cost). Later she called me and stated her insurance policy didn't cover the whole cost and asked me to patch/repair the drywall for free for her. She said she was single and didn't make much money. I was generous enough and agreed to it even though it was not included or discussed in the original invoice at all. Later she called me again, stated her washer didn't have hot water. I provided warranty service and offered her free service if it was one of the pipes issue. She refused it and said she didn't want us to repair the drywall for her anymore. She started asking me to show her my plumbing license. I was hired as a general contractor and called for emergent service on burst pipes only (no drywall repair/patch, no restoration and etc.) She threatened me about filing a complaint to Texas plumbing board and asked for her money back. She also kept saying that her insurance policy didn't cover the whole cost of the pipes repair which was out of my control. I was hired to emergently fix all burst pipes, so I didn't agree with her. She disputed the credit card transaction. I have paid my partner labor, material fees and the credit card transaction fee. If each customer got the emergent service first and then later disputed the price he/she agreed and signed, how could we do business? I don't have a signed contract since it was an emergent service. I only have the original invoice, credit card transaction receipt with her signature, her text message asking me to give her drywall repair/patch for free, pictures of some of the broken pipes, and her emails threatening me to complain to Texas board. In the email I clearly told her my service had warranty and that I could diagnose and fix the washer hot water issue if it was caused by us. However, she refused it since she just wanted to get her money back. Based on the above facts, do you think if I can successfully file a mechanics lien on her house? Thank you so much!
Hello,
You are going to have a problem if this is her homestead and you did not have a written contract. If you attempt to file a lien, a court can have it declared invalid.
However, she is attempting to confuse the issues. You performed work at her place for an agreed amount. The repairs worked. She did not pay. Super simple.
While you may be out on filing a lien against her homestead because you did not have a written contract or conform to 53.254, you have not lost the rest of your causes of action for court. You can still sue her for breach of contract and a host of other things to recover your funds.
As far as the Board of Plumbing Examiners goes, that's a separate issue. Also, please find a contract to have people sign. Don't do work EVER without having a signed contract that, if nothing else, outlines scope of work and price.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com
Almost forgot.
Before you sue her, you will NEED to send a demand letter first. Let us know if you want help with that.
-Aaron
You should consider preparing a letter to mail by certified mail, return receipt requested, to the homeowner to set out the facts and to demand the relief that you want. Attach to the letter the invoice, and photographs of the completed work. Make sure that your letter is professional and business like as it may be evidence later.
If the customer does not respond or respond satisfactorily, you should consider filing suit in small claims court, using the letter as evidence.
Good luck.
Thank you all for your good advice!
May I ask you another question regarding the plumbing license. The homeowner called for emergent service for her burst pipes in the winter storm, and I was hired as a handyman and she never asked for a plumbing license. But later she threatened me about filing a complaint to the Texas Board of Plumbing Examiners and used it as an excuse to ask for her money back. After checking the Texas regulation, I found it is illegal for a handyman to perform plumbing jobs. I am wondering if this fact will hurt my chance to win the lawsuit in the small claims court? Will the judgement not be in my favor just because of the plumbing license? Could you please advise? Thank you again!
Hello,
Those are separate issues.
Issue #1 - Nonpayment
This issue covers payment for the work that work that was done. You provided valuable labor and material for which you expected to be paid and have not been paid. That is what will be before the court if you sue.
Issue #2 - Complaint to TBPE
This is an administrative matter and will need to be handled separately. If the TBPE has a problem with your fix, they will let you know and you can handle it at that point.
Issue #3 - Potential Counterclaim
To succeed against you, she would have to bring a negligence per se claim and have suffered damage as a result of your work. It does not seem like this is the case but it is a possibility.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com