pressed upon
Junior Member
What is the name of your state? Texas
We have had to fire our general contractor for a breach of contract (along with several projects done wrong and/or substandard.) I do have a written contract that stated that they would be done in 6-7 weeks starting on 11-8-06, we did agree to an extension stating that they would be done with all interior work by the December 22 and all work by the 31st. We fired them on the 29th, with absolutely no project in the house finished. (I have pictures taken that day for proof)
We have in good faith paid them for a majority of the work, as per the contract. (weekly payments (so they could make payroll)) of course now we are on the back side of the contract and they have most of the money which we are having to hand out to other contractors in order to finish the work that they started.
My questions are can I legally get them to refund me the costs of the new subcontractors due to their breech of contract? I am just trying to recoup some of the money that was given to them in good faith. I know that they can not afford to fight me in court so I am tempted to take them, but they do live (rent) next door to my in-laws (and do not want to cause major strife there - but we are talking about 5-6 thousand dollars to the new subcontractors to fix/finish what all they have done.
Examples of substandard work - they were to remove wallpaper in three bathrooms, texture and paint....they did not remove all the cover plates so there is bits of wallpaper sticking out under the new texture around the cover plates. They also just added more texture to the walls at repair places without sanding anything, we have mountains on the walls. The tile joints are all crooked and ****eyed. I have had to order additional tile since they tiled the closets and then ran out around the toilets. (and the lists go on)
Any advice appreciated,
We have had to fire our general contractor for a breach of contract (along with several projects done wrong and/or substandard.) I do have a written contract that stated that they would be done in 6-7 weeks starting on 11-8-06, we did agree to an extension stating that they would be done with all interior work by the December 22 and all work by the 31st. We fired them on the 29th, with absolutely no project in the house finished. (I have pictures taken that day for proof)
We have in good faith paid them for a majority of the work, as per the contract. (weekly payments (so they could make payroll)) of course now we are on the back side of the contract and they have most of the money which we are having to hand out to other contractors in order to finish the work that they started.
My questions are can I legally get them to refund me the costs of the new subcontractors due to their breech of contract? I am just trying to recoup some of the money that was given to them in good faith. I know that they can not afford to fight me in court so I am tempted to take them, but they do live (rent) next door to my in-laws (and do not want to cause major strife there - but we are talking about 5-6 thousand dollars to the new subcontractors to fix/finish what all they have done.
Examples of substandard work - they were to remove wallpaper in three bathrooms, texture and paint....they did not remove all the cover plates so there is bits of wallpaper sticking out under the new texture around the cover plates. They also just added more texture to the walls at repair places without sanding anything, we have mountains on the walls. The tile joints are all crooked and ****eyed. I have had to order additional tile since they tiled the closets and then ran out around the toilets. (and the lists go on)
Any advice appreciated,