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How do we get paid?

TexasLawsuit

From the get go this job was not done right. The old admin sent two separate estimates. One for the Fence and Concreate work and another for a Shed. The customer agreed to both projects totaling $12300.42 . He gave a depost of $7100.42. We paid our subcontractor for the concrete work $2600. Because of delays in weather holding up the concrete we where pushed back. Then the delay in materials due to Covid we where then put back again. We started putting up the fence. Only to come back and see that the customer had taken down the parts we put up. I don't know how but the sub contractor talked the customer into paying him and for the concrete a second time. checks we have copies of written out to the subcontractor. The customer also took it upon himself to purchase materials and asked us to refund him for it, we never agreed to any of that. After all the headache because of the subcontractor and the customer doing whatever he wanted to our job site, the customer wanted all his money back. Including what he had paid the subcontractor on his own without our knowledge. Work came to a stand still. We where told not to come back on the property. 100% of the concrete is completed "not to our standards" and 75% of the fence was completed after rehanging fence panels the customer took down multiple times. The mistakes on our part was from the our old Admin not file the proper paper work on time. I believe because work on the shed was never started we can not enforce that payment. However with all moneys collected a balance of $900.42 is remining on the fence. I was told by leverset to contact a lawyer to see what we can do to resolve this payment.

1 reply

Dec 1, 2020

Hello,

If you are out on your deadlines, the remaining option to is sue for breach of contract or a related cause of action. You may file this action yourself in JP (small claims) court, or you may have a lawyer file the lawsuit for you in County or District court. Be aware that JP is faster for the amount you are claiming. Trials in County and District court are backed up for months.

E. Aaron Cartwright
214.789.1354
Aaron@EACLawyer.com

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