breach of oral contract

[mpmunson]

we live in texas. my stepson has done some remodelling on a house in the town in which he lives. he is halfway through. he opened up a dba account in the local bank. the person he was doing the work for said she would put the money for the material he needs in the dba account, but she has only put about $300 in there. he went ahead and got material and did some of the work and presented her a copy of the receipts for the material ordered and used. however, she has never put in more that the $300. now he has bouncing checks and check costs of close to $2000. unfortunately, he never entered into a written contract with her. it was all verbal. question: is there any recourse that he can do to get his money? what steps can he take?

 

[I AM ALWAYS LIABLE]

what steps can he take?

My response:

You mean besides being a better businessman ?

His big mistakes were:

1. He not a licensed contractor;

2. He didn't put the contract in writing;

3. He wrote checks against an account he knew, or should and could have known, did not have sufficient funds.

4. He has no proof that those receipts are for work he did to her house. Therefore, he has nothing to show to a judge that connects his work and materials to her house.

Heck, for that kind of money, he may as well "spin the big wheel" and take her to Small Claims court, and let the chips fall where they might. What does he have to lose ?

IAAL