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Can you sue General contractor over services not rendered and house defects?

TexasConstruction ContractPayment Disputes

My mom recently built a house. During the process, she repeatedly asked the contractor for invoices as well as an itemized list of all money used and what was left so she had an idea of where she could spend our not. He never gave any of that and went over budget by somewhere around 50k. She moved in and found that all the work had not been completed that she had asked for, as well as things did not work properly (ie. doors don't shut completely and water gets through.) She asked for these things to be taken care of and he assured her they all would. Then he comes back and says if she doesn't pay for the rest of the services , even though they aren't completed, that there would be a lien put on her house. She ended up paying even though not all things were completed and now has paid for services not rendered: -Door still leaks water when it rains -Cabinets not installed - Custom closet not done to agreement - Trim around doors uneven with walls - Not painted in certain areas He says she changed her mind too much so those are her issues too deal with. Does she have a right to sue over these issues or is she basically SOL since she paid already.

1 reply

Aug 18, 2021

Hello!

She has every right to sue. The GC has an obligation to perform work in a good and workmanlike manner. Basically, if he was going to start something, he needed to finish it to the best of his ability, not start multiple different jobs and leave them unfinished because he was moving on to new jobs in the house. If he did not have the money to give the customer something they wanted, he needed to have communicated that.

This is going to come down to who has the better paperwork, honestly. I hope she communicated her desires to the contractor in writing.

E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com

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