being sued by sub contractor

[dpopovich]

Texas

I sub-contracted a company to perform specific work. They have finished the job, but the quality lacks, they also damaged hard wood floors with overspray. Since they are refusing to do the touch ups and fix issues, are they forfeiting their right to get payed? They walked out on the job and want full payment. Since they are going to sue me, what are my chances of loosing or winning the case? I have 80+ pictures, home owners testimony and proof that the work isn't performed to the customers satisfaction. The contract that the subs gave me is what I gave to the customer. Is this a breach of contract? All of these problems are ones that they caused. Is there an industry standard that would allow them to get paid even though work lacks quality? I cannot collect money from the owner at this point either. Will they be responsible to refinish the floors if necessary? Even though they completed the work, but poorly, what are their chances of winning? any help is appreciated. If I missed anything please ask. Thank you!

 

[JETX]

Since they are refusing to do the touch ups and fix issues, are they forfeiting their right to get payed?

No. Only a court can decide whether their 'product' is worth the full value or not.

They walked out on the job and want full payment.

You said "They have finished the job". How could they have 'walked out on the job'??

Since they are going to sue me, what are my chances of loosing or winning the case?

Somewhere between zero and 100%. Seriously, there is no way that we can GUESS what evidence you might present, what they might present and how the court may rule.

I have 80+ pictures, home owners testimony and proof that the work isn't performed to the customers satisfaction.

Bring the pictures and the witnesses to court.

The contract that the subs gave me is what I gave to the customer. Is this a breach of contract?

Is WHAT a breach???

 

[dpopovich]

JETX,

Thank you for your prompt reply. I'm sorry I wasn't specific in some of my statements. Let me try to clarify them. When I said the job was finished, I meant it is close, except for the touch ups, and minor fixes on walls, trim and such. I guess its not 100% done, but over 90% done. When I said they walked out the job, I meant that they are refusing to finish the touch ups, therefore the job is not 100% done. They are expecting full payment even though "touch ups" and such is part of getting the job done and making sure the customer is happy, which he is not. The breach of contract statement was just put in the wrong place. My question about that was, are they breaking the contract because they are refusing to finish it 100%. Although the contract doesn't state touch ups, minor fixes and such in it, clearly that is part of any job. Since the customer is refusing payment to me, which then I cant pay the sub contractor, where does that leave me? If the customer feels that his floors were ruined by the sub contractor...which may be the case, can the customer take out what it cost to re-finsh the floors out of the price that we agreed on? If so, then technically I would take that out of the sub contractors final check. Could the sub still demand the full amount that we agreed upon? I feel that I shouldn't be responsible for any damages that they have caused, nor paying them in full since the job was never fully completed. My last question is about industry standards. Does that apply? Most of the house is perfect, but other areas need to be re-worked. I would say 90% of the house is perfect, 10 isnt. This customer is also very picky, could a judge rule that according to industry standard it is done and the sub can expect full payment? What if the customer refuses to pay full payment? Ive never been sued or even been to court, all of this is overwhelming, is there anything I may have missed? Any other advice? Thank you again!

 

[knowurlaws]

Breach it is

If the poor quality is clearly visible, yes-they breached their contract. Who hires a company and signs a contract for a crappy job?

So, send them a letter stating you would like to clear the matter up, could they please do the touch ups..etc., etc. If they still don't, get another company to complete the work, make sure you have accurate pictures and a detailed invoice from the new person you hire to complete the job. Counter sue for breach of contract, damage...etc., etc., etc. Make sure you send the letter certified mail..