Menu
Home>Levelset Community>Legal Help>Is there anything I can do about a project.?

Is there anything I can do about a project.?

TexasCollectionsLawsuit

I Am an independent contractor ,I did a remodel for a local doctor I had several cabinets custom built , a library ladder and several other items done. reworked the whole master closet and refinished the trim on the two areas. for a total of about 8500 dollars. This was about 18 moths ago. There were 2 things he was unhappy with at the time, I told him I would fix, a drawer and a cabinet door were warped. time went by and for personal reasons (my son was born) I put it in the back burner. He never called or followed up. when I sent Him a bill 6 months ago he refused to pay anything

7 replies

Aug 31, 2020

Hello!

Yes, there is still something you can do.

While your lien rights have completely expired, you still have the opportunity to sue the doctor for breach of contract (among other causes of action) for failing to pay you. You would start by sending a demand letter on an attorney's letterhead, first. If you would like to discuss your litigation options, feel free to reach out.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

0 people found this helpful
Helpful
Aug 31, 2020

I asssume when you say "he refused to pay anything," means that he has paid $0 for the entire project. If that is correct, then you need to send him a demand letter and say that you had a contract, you performed the work, the two minor issues are "punch" work or covered under warranty and you have agreed to remedy, and expect payment in full. If he does not want you to peform the warranty/punch, then offer him a slight discount for your cost to perform the warranty work. If he doesn't respond or responds in an non-constructive way, I would file suit in Justice Court which has a value limit of $10,000.

2 people found this helpful
Helpful
Aug 31, 2020

Absolutely.

You can sue the guy for breach of contract if you provided him goods or services and failed to pay. You can also try to comply with the lien laws to lien the property, but there are specifics you need to consult if you want any relief.

Good luck. You can file in small claims court if it’s less than $20k I believe.


If you prevail on a contract claim, you may recover the unpaid amount plus attorneys’ fees (you cannot recoup these if you handle it yourself; you must actually incur them by hiring a lawyer). Collecting is a difficult beast, but resolution can come during litigation or collection.

2 people found this helpful
Helpful
Oct 22, 2020
We never sat down and wrote a contract it was all based on my word and his word
0
Report Spam
Oct 22, 2020

Hello,

In Texas, oral contracts are enforceable in a breach of contract action.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com 

0 people found this helpful
Helpful
Oct 22, 2020
Verbal agreements can still be enforceable. It's not ideal but you still can get paid. There are also alternate theories to get paid. And you can still recover attorneys fees on a verbal contract claim if you prevail and the defendant has $$$. Call if you want to chat on this. Patrick 281-938-1916
0 people found this helpful
Helpful
Feb 5, 2021

I Have tried severalmore times to reach out to the customer. At this point he is just flat out ignoring my calls and emails. I would like to take some kind of action against him. Please help .

My number is 214 264 2915 

Rodolfo Vitar

0
Report Spam