breach of contract

[bqueencam]

What is the name of your state? i am in texas.

i signed a contract to have some work done on a house. 30 days was the time line and 100.00 a day is what he owed me after the 30 days. i was to pay him in draws of 1/5 the total as he needed it. he stated he found additonal problems that were not visible so he would need additional time. i asked how long, the answer was 2 wks. that was the 1st verbal amendment. the 2nd time was an extension was granted was an additional 2 wks. at this point the amount of work that was being done did not appear to be equal to the draw downs that i was giving him. i told him how uncomfortable i was with his work at this point and 30 days past the original completion date. i told him that i would no longer give him the draws of such large lumpsomes, i would disburse according to his tasks completed, i would purchase the supplies he needed so that lack of would not interfere with his progress. 3rd extension of 2 weeks and notice to terminate contract if job wasn't completed at the end of this period. this was verbal. there was no arbitration clause in contract. how strong is my case against him based on what i've shared with you. i've given him about 75% of total bill which appears to be a waste. i had another contractor look at this house and am told that it is like starting from scratch. now i'm looking at double for the same project. please help on the best way to handle this situation. how beneficial is it to sue him if he has no money? can restitution be sought in another form.

[HomeGuru]

Originally posted by bqueencam
What is the name of your state? i am in texas.

i signed a contract to have some work done on a house. 30 days was the time line and 100.00 a day is what he owed me after the 30 days. i was to pay him in draws of 1/5 the total as he needed it. he stated he found additonal problems that were not visible so he would need additional time. i asked how long, the answer was 2 wks. that was the 1st verbal amendment. the 2nd time was an extension was granted was an additional 2 wks. at this point the amount of work that was being done did not appear to be equal to the draw downs that i was giving him. i told him how uncomfortable i was with his work at this point and 30 days past the original completion date. i told him that i would no longer give him the draws of such large lumpsomes, i would disburse according to his tasks completed, i would purchase the supplies he needed so that lack of would not interfere with his progress. 3rd extension of 2 weeks and notice to terminate contract if job wasn't completed at the end of this period. this was verbal. there was no arbitration clause in contract. how strong is my case against him based on what i've shared with you. i've given him about 75% of total bill which appears to be a waste. i had another contractor look at this house and am told that it is like starting from scratch. now i'm looking at double for the same project. please help on the best way to handle this situation. how beneficial is it to sue him if he has no money? can restitution be sought in another form.

**A: without a complete review of your contract, it would be hard to determine what your causes of action would be. Contact your state contractors licensing board.

[bqueencam]

the contract specifically states that if a dispute arises under this agreement, the parties agree tofirst trytoresolve thedispute with thehelp of a mutually agreed-upon mediator in harris county.
Then it goes on to say that if this fail,the parties agree to submit the dispute to binding arbitration.
then it states that the complaining party may refuse to submit thedispute to mediation or arbitration and instead bring an action in an appropriate small claims court.
this contractor is not returning my calls nor has he returned to the work site. the money that he has received is far greater than a small claim. What are my possible options for handling this situation? i have taken photos of the unfinished work and the mess he created. i have also located someone who he has done this same thing to.

[HomeGuru]

[QUOTE]Originally posted by bqueencam
[B]the contract specifically states that if a dispute arises under this agreement, the parties agree tofirst trytoresolve thedispute with thehelp of a mutually agreed-upon mediator in harris county.
Then it goes on to say that if this fail,the parties agree to submit the dispute to binding arbitration.
then it states that the complaining party may refuse to submit thedispute to mediation or arbitration and instead bring an action in an appropriate small claims court.
this contractor is not returning my calls nor has he returned to the work site. the money that he has received is far greater than a small claim. What are my possible options for handling this situation? i have taken photos of the unfinished work and the mess he created. i have also located someone who he has done this same thing to.

**A: in your contract you agreed to ADR (alternative dispute resolution), therefore you have to mediate first then if that does not work, you must arbitrate. And the arbitration is binding. You cannot litigate. If you file a court complaint, the contractor can file a motion to compel arbitration and reference your contract.

[bqueencam]

is this the case even if the contract states that the complaining party can bypass this ADR? please see above again where i stated exactly what the contract states about this topic.

[HomeGuru]

[QUOTE]Originally posted by bqueencam
[B]is this the case even if the contract states that the complaining party can bypass this ADR? please see above again where i stated exactly what the contract states about this topic.

**A: nowhere does it state that you can bypass ADR. Mediation and arbitration are forms of ADR. The alternative means "in lieu of" or an alternative to litigation.