Construction Job

[sonothappy]

What is the name of your state (only U.S. law)? Texas
I am being sued for breach of contract in Texas. The foreman is the one suing me for breach of contract. The job was not completed and I have already paid him $6500. for a job that was estimated for $10,000. My simple question is can he sue me for breach of contract when there is no contract?

[justalayman]

of course there was a contract. A contract does not have to be written. If you had an "agreement" for this project, you had a contract.

whether the suit is proper or not; I cannot address as I have not read the contract nor do I have really any info about the situation.

[jhlwstdnt]

I cannot address as I have not read the contract

I thought he said there is no contract? But what he meant was, there is no written contract.

The only way you would have a valid SOF defense to formation is if the super's performance cannot be finished within a year.

But it sounds like you have a cause of action against him if he didn't finish his scope of work.

[justalayman]

=jhlwstdnt;2355899]I thought he said there is no contract? But what he meant was, there is no written contract.

Did I not address that and state the same thing?

The only way you would have a valid SOF defense to formation is if the super's performance cannot be finished within a year.

since the contract was for $10k, I really doubt the time limitation requiring a SOF would be applicable.

But it sounds like you have a cause of action against him if he didn't finish his scope of work.

Did you miss where the OP is being sued. They were not seeking advice as to their ability to sue. Since there is really no information as to what happened, a suit for failing to complete the contract is a wild guess with absolutely no support.

[sonothappy]

Right, there is no written contract only an estimate. The work was not complete and the work that was completed is awful. As we speak the work is falling apart. I had a roof done and a patio with a walk way. The steps are not up to code and on the patio when it rains the water runs towards the house, there is still wood rot underneath the roof and they just covered it. The walk way was suppose to be 4ft wide and is only 3 1/2, I have no railings on my patio and no cedar post instead they used treated. Now all of this is quoted on the estimate and I have photographed all this bad work. It took them 3wks just to replace the shingles on my roof. I asked him to stop construction because I was not going to pay him anymore due to the bad work and he begged me to allow him to finish and if in the end I was not satisfied I did not have to pay him and I have witnessess to this testimony. And I am still being sued and by his foreman for $7,000 now. He states work was completed it was not. Oh, and the owner of the company was the one who begged and he is not listed on the suit because he is a cop and when he came to ask for payment for work that was not finished I said no and he threatned to press charges on me and when I did not flinch he proceeded to tell me he would put a lien on my house and I told him to do what he needed to do and then he told me he would sue me but not to come after him with his job, because he was at the job site several times when he should have been at his job as a cop, he would have the foreman go and pick him up so his vehicle was not there and he called in a whole day to make sure the work got done at my house. So that is why the suit is under his foreman's name and not his.

[justalayman]

=sonothappy;2356939]Right, there is no written contract only an estimate.

actually, there is one step more; a verbal contract to perform the work, apparently as specified by the estimate. The lack of details always makes such situations a pain in the rump.

anyway, I believe you are proper in your demands to stop work. Not sure why the foreman would be suing you. I do not see him as a party to the contract but he could be and just not disclosed here.

well, getting into the meat of the situation:

is the guy licensed, if required by the state or any other locality?

did the guy obtain any required permits?

is he insured?

Bonded?

do you have any building code ordinances in your area?

[sonothappy]

I obtained the permit for the work with the city and an inspector is to come after the work is done. And according to the owner he is bonded, I got a copy of his "insurance" but the name on the insurance is not the name of his company its another company. I know I was not very smart in seeing all this information but the foreman is a childhood friend of my wife and I went on character and that is now biting me in the ass. I thought since he was her friend I would be more comfortable in telling him if some of the work was not being done properly. Well, that backfired. The owner also states he is licensed but I have not seen his license and I have asked and got the run around. That is why I stopped the job. I went up on the roof and felt my roof very soft and when I asked why they said it was the original boards from the roof they were too thin and I told him the rest of the house feels fine its just this side of the house. They covered wood rot, and he stated he would remove all the shingles and replace the wood on their cost because it was their mistake and now he is suing for this work. I also wanted to ask, I need to write a letter to the court stating that I have received the summons and that I am denying all allegations. Is there a way I can go to a website or do I just state the facts on this letter, how is this letter suppose to sound like. I do not have any legal expertise. I went to an attorney but he said that the foreman is representing himself and I should do the same and that he felt bad taking our money.

[jhlwstdnt]

I also wanted to ask, I need to write a letter to the court stating that I have received the summons and that I am denying all allegations. Is there a way I can go to a website or do I just state the facts on this letter, how is this letter suppose to sound like. I do not have any legal expertise. I went to an attorney but he said that the foreman is representing himself and I should do the same and that he felt bad taking our money.

In what court did he file the claim? I think TX has several to choose from. If I were you, I would file an answer and cross-complaint against him for breach of contract, etc. If you want to argue that there is no valid contract, then file a demurrer to see if you can get it thrown out.

[sonothappy]

The court is small claims. And thanks for the advice, I will look into filing a cross complaint and filing a demurrer.

[justalayman]

here is a page from Texas' Attorney General:

[url=http://www.oag.state.tx.us/consumer/home_improvement.shtml]Texas Attorney General[/url]

What the Law Says
Any contract you sign for work on your homestead must contain the following warning next to the space for your signature:

"Important Notice: You and your contractor are responsible for meeting the terms and conditions of this contract. If you sign this contract and you fail to meet the terms and conditions of this contract, you may lose your legal ownership rights in your home. Know your rights and duties under the law."

that is scary but honest. It is referring to the contractors right to place a lien on your home and foreclose on the lien.

A remodeler in Texas may not engage in projects that change the living area of the home or that cost more than $10,000 without first registering with the Texas Residential Construction Commission (TRCC). Contact the commission to check on any contractor you are considering.

[url=http://www.texasrcc.org/Builders_Remodelers/default.asp]Registering Residential Builders and Remodelers[/url]

I obtained the permit for the work with the city and an inspector is to come after the work is done.

Contact the inspector now and explain the situation to him and ask him to come inspect the work already done. It can be a great support for your defense/suit.

The owner also states he is licensed but I have not seen his license

demand he show his license. If he refuses, it looks like he needs to be reported to the TRCC from above.

You need to do some research to discover if the estimate of $10k requires the license (right at the line). If it does and he does not have one, not sure about Texas but in many states, that alone gives reason that the contract is voided and not only is the contractor liable to your for ALL money given to him, some states actually apply penalties. Check it out with the folks above.

[sonothappy]

Thank you for all the great advice and the websites. question when and where do I file a demurrer?

[justalayman]

you file it with the court you are being sued in and it is generally filed before an answer to the summons but do NOT miss the deadline to file a response to the summons not matter what else you might do.

[sonothappy]

Thank you, I have already written my response and I am sending it tomorrow I just received my summons on Friday I have ten days.

[sonothappy]

Get this, I had a reputable construction company come and see the work and give me an estimate to redo the work correctly and the gentleman was amazed at the work that they tried to pass as construction work. He stated that the work was not worth what we paid for and was also a danger. The supports for the front patio is not enough for the weight of the roof and can come down. He stated that for sure the job itself would not pass inspection because he could already see alot of violations that are very obvious to a contractor that knows what they are doing. We have decided to counter suit for the money it will cost us to redo the work. This company is going to prepare an estimate and I am also getting another company to come by and do the same. The city inspector is coming by today. I was served Sat. 14 and I have ten days to answer but I have prepared my response letter and I went to get the paperwork for the counter suit and I am filing that tomorrow. What do you think am I on the right track?

[justalayman]

sounds like you are on top of it. Keep at it and let us know how it goes.