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We just sent a lady a Preliminary Notice For nonpayment. What if she didn't sign the contract?

TexasPreliminary Notice

My boyfriend hired guys to paint a house and do some woodwork.. this lady is accusing my boyfriend of things that are not true. Like saying that the paint is too thin and there are 2 shades of paint that is a shadow. The guys he hired did do a bad job on some woof work, but he offered to fix it. This lady might be taking him to court. I'm not sure why she has so much anger in her! But, she cussed him out!

7 replies

Apr 29, 2021

You should consider preparing a letter to mail by certified mail, return receipt requested, to the homeowner to set out the facts and to demand the relief that you want. Attach to the letter the contract, invoice, and photographs of the completed work. Make sure that your letter is professional and business like as it may be evidence later.  

If the customer does not respond or respond satisfactorily, you should consider filing suit in small claims court, using the letter as evidence.

Good luck.

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Apr 29, 2021
A Preliminary Notice was sent out yesterday.
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Apr 29, 2021

The Preliminary Notice letter went out yesterday. My boyfriend went to look at the job and to get paid and that's when this lady started causing him. He wasn't able to get photos. We think this is a set up to not pay.

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Apr 30, 2021

Prepare the certified letter, and in the letter request an opportunity to inspect and to complete the work, with an adequate assurance of payment.

Good luck.

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Apr 30, 2021
I don't have the letter. Levelset mailed it for me.
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Apr 30, 2021
So, prepare a letter by certified mail with the information I suggested. Let me know if you need help.
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Apr 30, 2021

Hello!

There is a whole group of things that a homeowner has to do to succeed in a lawsuit under Chapter 27 of the Texas Property Code if she feels that the improvements to her property were not done correctly.

For example, she would need to send notice to the contractor listing out each thing she complains of. Then she is subject to the 35 day window in which the contractor is able to come out and inspect "damage" and make an offer to repair or to fix. If she rejects that offer, she has to do so in writing and explain her reasons for rejecting it. If she fails to take these steps, her damages will be significantly reduced and that's assuming she wins.

Court is actually not the worst place to be. The best defense to these ridiculous suits is to do good business. Document everything and make sure the homeowner knows what's going on.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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