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What do I need to do

TexasMechanics Lien

We did rentovationwe did not meet dead line but stayed in contact with owner we were told to leave before finished i.e. touch up clean up we offered to do what ever to make owner completely happy they said no we have contract they refuse to pay do I have case

2 replies

Jun 4, 2021

Missing a project completion deadline can be the basis for a "material" breach of a contract which releases the owner from further responsiblity in payment. However, this depends on the contract language, which must be very specific to result in this outcome. At the same time, by throwin you off the project, the owner has put themselves in a precarious situation as well, so all hope is not lost, especially if there is a considrable outstanding balance and the owner has acted objectively unreasonably. 

I would be happy to discuss this issue with you further. You may contact me directly, and I do not charge for initial consulations.

Very best,

Ben House

281-762-1377

ben@houseperron.com

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Jun 4, 2021

Unless your contract stated that "time was of the essence" and provided for a drop dead deadline, perhaps with liquidated damages, then you would have a reasonable amount of time to complete the project. How much time a reasonable amount of time is depends on the circumstances, and could be subject to being extended for owner interference, change orders, or causes beyond your control.

Consider preparing a letter to mail by certified mail, return receipt requested, to the owner to set out the facts and to demand the relief that you want. If the owner has wrongfully terminated the contract, state so. Attach support to your letter for your position, such as photographs of your completed work, or evidence that the owner interfered, etc. 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 if your claim is less than $20,000, using your letter as evidence.

Good luck.

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