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Contractor did shoddy work and suing for breach of contract

TexasConstruction ContractLawsuitPayment Disputes

We are homeowners who hired a contractor to build a dirt pad for our foundation of our home to sit on. -Contractor was provided foundation plans -Site pad was built but not correct size, unlevel, and did more damage (not an improvement) -contractor dug 4 feet down causing us to have to bring in more dirt and hire a drainage specialist -contractor claimed job was done and asked for final payment -we hired a licensed surveyor to confirm its incompleteness and incorrectness which we relayed to the contractor asking him to return to correct -contractor claims it's complete and is suing us for breach of contractor for non-payment Do we have a case? Should we countersue?

2 replies

Jun 9, 2020
Yes, you do appear to have a case and you certainly have the foundation for a counter-suit. My firm represents folks just like you in these types of situations. Please feel free to contact me should you be interested in a free 30 minute consultation. Turner Gassaway Attorney at Law
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Jun 9, 2020
Hello, Yes, if the contractor did not perform in accordance with the contract and deliver the promised final product, you would have a counterclaim against the contractor. You should certainly file your claim against the contractor as soon as possible after consulting with an attorney to make sure you are asserting all the claims possible. Feel free to reach out to me directly if you have any further questions. Kelly Stamy Associate Attorney 8431 Katy Freeway Houston, TX 77024 Tel: (713) 715-7334 KStamy@TheCromeensLawFirm.com www.TheCromeensLawFirm.com Privileged Attorney-Client Communication and/or Attorney Work Product: The above message and attachments, if any, are confidential and may be protected by the attorney/client privilege and/or attorney work product. The unauthorized disclosure, use, dissemination or copying of this e-mail, or any information it contains, by anyone other than the intended recipient, is prohibited. If you are not the named recipient, or have otherwise received this communication in error, delete it immediately and notify the sender at the office number listed above or by return email.
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