I live in Texas and have contracted a General contractor to perform some renovations/repairs to a casita attached to my house. This is a project that was started by another contractor and left finished sub par and leaking. We hired the new contractor to demo and repair the existing leaks on an outdoor upstairs patio, and adjoining "bridge" connecting the new structure to the house. In his contract it stipulates clearly that he will demo the poorly installed water membrane, repair any damaged subfloor, install tape on seams to the subfloor, and apply new membrane to the floor. The contract states a separate price for the tile installation after that, then another separate price for repairing stucco and trim, and finally an unrelated repair to the interior of the structure listed separately. All of this totaled to one contracted amount.
The contract stipulated a 50% payment up front, with subsequent draws of 25%, 15%, and 10%. There is no statement in the contract indicating WHEN those draws will be made. The contractor indicates he told us verbally they would be made at the end of each week for a four week job, but we don't remember this statement and it is not on the contract. We read the contract as making payments as the portions of the job are complete as listed clearly and itemized in the contract.
Up to this point we paid the 50% deposit and he started work. He has been doing good work communicating well and such, so when he asked for a draw of the next pymt of 25% a week later we paid it with some internal hesitation but said nothing. At this point he had completed the demo of the deck and bridge, the partial repair of the stairs on the deck damaged from water, the water membrane and taping on the deck but not the bridge. We see this as having paid 75% of the job with only 25% complete. He asked to start installing the tile the start of this week when we realized he intended to install it, and contract agreed with his intent, on top of the current osb sub floor. We felt this was insufficient and asked him to install hardiboard before beginning the tile. He agreed to a change order for additional funds to cover the hardi board, and a second water membrane. The following day he asked for the cost of the change order which we refused on the grounds that due to the line item of the contract he has not completed enough of the job to merit additional payment. He seemed okay with this at the time, then did not come out that day, and now is saying he is "stepping away from the project" until we agree to pay the change order as he feels he made it clear that the payments should be made at timed installments.
We are unwilling to pay him more money until what we have already paid more closely aligns with what he has done, and want to know if we have any means to get any of our money back to him if he does in fact refuse to come back out and finish the job. What are our options?
The contract stipulated a 50% payment up front, with subsequent draws of 25%, 15%, and 10%. There is no statement in the contract indicating WHEN those draws will be made. The contractor indicates he told us verbally they would be made at the end of each week for a four week job, but we don't remember this statement and it is not on the contract. We read the contract as making payments as the portions of the job are complete as listed clearly and itemized in the contract.
Up to this point we paid the 50% deposit and he started work. He has been doing good work communicating well and such, so when he asked for a draw of the next pymt of 25% a week later we paid it with some internal hesitation but said nothing. At this point he had completed the demo of the deck and bridge, the partial repair of the stairs on the deck damaged from water, the water membrane and taping on the deck but not the bridge. We see this as having paid 75% of the job with only 25% complete. He asked to start installing the tile the start of this week when we realized he intended to install it, and contract agreed with his intent, on top of the current osb sub floor. We felt this was insufficient and asked him to install hardiboard before beginning the tile. He agreed to a change order for additional funds to cover the hardi board, and a second water membrane. The following day he asked for the cost of the change order which we refused on the grounds that due to the line item of the contract he has not completed enough of the job to merit additional payment. He seemed okay with this at the time, then did not come out that day, and now is saying he is "stepping away from the project" until we agree to pay the change order as he feels he made it clear that the payments should be made at timed installments.
We are unwilling to pay him more money until what we have already paid more closely aligns with what he has done, and want to know if we have any means to get any of our money back to him if he does in fact refuse to come back out and finish the job. What are our options?
