Hello, My renovation contractor (in Austin, TX) who did some work on my properties to fix storm-related damage is taking his own sweet time to invoice me even after the work is done and the property has been returned to full use. While I find this puzzling that he doesn't want to be paid (seemingly), I am worried that my insurance company will not reimburse me for the work if the claim is submitted too late. Is there a deadline in Texas by which a contractor is obligated to invoice the client/customer?
Now this is an issue I don't come across often. There is a four year statute of limitations for breach of contract in Texas, meaning if the contractor were to outright forget to invoice you for that period, he would not have a claim for the money he is rightfully owed. Aside from that limitation, he could theoretically take his time in invoicing you. I understand your concerns with your insurer. And even moreso, I have concerns regarding whether the subcontractors were paid, as those subs can also place liens on your property.
Obviously, continue to follow up with your contractor. If the contract does not state otherwise, you can also contact any subcontractors directly (if you know who they are) to confirm payment status.
Regarding insurance, the cheapest and easiest move is to simply call up your adjuster and let them know what's going on. If they come to a conclusion or tell you that you have a certain period of time to close out the claim, make sure to get that in writing. However, I would not expect that your insurer would be overly concerned that they get to hand onto their money for a little while longer.
Very best,
Ben House
281-762-1377
ben@houseperron.com
There is no real deadline date for a contractor to submit an invoice (other than the 4-year statute of limitations for debt). But you probably have an estimate or proposal from the contractor. So, you may consider writing to the contractor by certified mail, and requesting an invoice, and if you do not receive one within say a week you will issue a check for full and final payment in the amount of the estimate or proposal.
If you have to do that, make sure that you write "Full & final payment for all work" in the memo area of the check and also above the endorsement area on the back of the check.
If need be, you can send your insurer a copy of the estimate/proposal with your check to comply with your insurance claims submission process.
Good luck.