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What to do next with our unresponsive builder

TexasConstruction ContractDefects
Anonymous Contractor

We just bought our new home 3 weeks ago. Due to the virus, we closed remotely without a walk through. Upon our arrival, we saw that the builder's contractors ruined 15K worth of stone tile we paid for and had shipped to him. One flooring vendor is replacing one of the floors but the master bath is full of damage. They scratched the stone tile, misdrilled holes in the grout of the shower as they didn't hire a shower door professional to install the door. The tub needs to be replaced a they spilled a sticky resin and the grout is full of sand and dirt. The builder has been non responsive. He did want us to sign a release which we disposed of.

2 replies

Levelset Admin at Levelset
| 1,007 reviews
Apr 29, 2020
It's hard to convince a contractor to return to the job once payment has been made in full. But, if any contract funds have yet to be paid out, then those funds might be used as leverage to force them to return and repair their work. If you no longer have contract funds to use as leverage, then there are some other options that might work to convince a contractor to return and repair work.

Forcing a contractor to repair their work when full payment has been made

For one, doing something as simple as threatening to file a complaint with the Texas Department of Licensing and Regulation could get them to fix their work. Or, threatening to leave reviews on sites like the Better Business Bureau, Google, Facebook, or Angie's List could also apply some pressure. Obviously, actually making that complaint with the licensing board could also be effective, as could leaving reviews online. More officially, it'd be wise to look to the contract to determine what rights you might have to call the contractor back to the home to make repairs, correct faulty work, etc. Most new-build contracts will have guidance in that arena, and putting legal pressure on the contractor - via demand letter - can help to convince them to return to the job site. Even if the contract doesn't, though, there's an implied warranty of workmanship any time a contractor performs work. So, you could still put legal pressure on them to return to the job that way, too. Finally, I'll note that I don't have personal experience with defects in Texas. So, if you're struggling to get your contract to come back and repair their work, it'd be helpful to consult a local Texas construction attorney and have them review your circumstances and the contract. Then, they'll be able to advise on how best to force the contractor to return to the job.
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Anonymous Contractor
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Apr 29, 2020
Thank you!
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