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Anonymous Contractor

I am a sub contacted for a builder in houston, TX. I roofed a house and was handed an inspection report. I corrected the issues on the inspection report and completed the repairs and damages caused by other trades as well. I drove by the neighborhood and noticed the house getting a new roof. I text the builder and asked what was wrong and if I was getting back charged for the roof replacement and he said yes we can talk on Thursday after Christmas. Is this legal? Can they do the work and back charge me for something that I was not notified about or given the opportunity to repair?

1 reply

Levelset Admin at Levelset
| 1,013 reviews
Jan 6, 2020
Admittedly, I don't have a ton of experience with construction defect claims in Texas. So, it might be helpful to reach out to a local Texas construction law expert - such as one of these Houston Construction Payment Experts - for guidance. With that being said, right to repair laws usually prohibit owners from jumping straight into a lawsuit when there are claims that defective work is present on the job. But, as far as back charges and defect claims between a general contractor a roofing contractor - I'm not sure whether there are relevant regulations there. But, regardless, if there are provisions in the contract that dictate how back charges and claims should be made - then those provisions should be followed. And, if a contractor has failed to provide proper notice in accordance with the contract or regulations (as applicable), they might not be in a great position to deny payment if a dispute arises.
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