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How to deal with a sub-contractor who already got paid but no service is delivered?

TexasConstruction Contract

I paid a deposit to my sub-contractor who was supposed to start construction early this year. The project got delayed and it was agreed that he will refund me the deposit until the project kick starts again. 3 months later he still hasn't made the refund and keeps making promises. Is there anything I can do to force the refund since he agreed to pay it back and no service at all was delivered?

1 reply

Apr 1, 2022

You should consider preparing a letter to mail by certified mail, return receipt requested, to the subcontractor to set out the facts and to demand the relief that you want. Confirm in the letter that the subcontractor agreed to refund the money. Make sure that your letter is professional and business like as it may be evidence later.

If need be, consider filing suit in small claims court (assuming that your claim is less than $20,000), using your letter as evidence.

Good luck.

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