Legal Question in Construction Law in Texas

Fired contractor

I recently hired a painter to paint my inside of home. i paid him 50% up front for the job. We signed a contract for the job. We agreed on a start date that was changed once before without much notice. we agreed on a second start date. He and his crew showed up hours late and only worked a few hours. The work was terrible. The second day he showed up with half the crew and wanted to do alittle work that day and put off project for 5 more days because he was tired. I said that wasnt out agreement and that i needed it to be done within our said time frame because of other projects already setup to be done. He got irate with me and walked off the job. I tired calling him several times to see about my money due to me. He left a message on cell phone stating that there was over $600 in paint in the garage. I went to see and there was $350 worth of paint (found out from paint dealer). and he said he did $400 of work in 4 hours on first day. my question is what can i do to collect and money due to me?... and is it worth going to court over $600 due to me.....

Asked on 8/20/08, 2:48 am

1 Answer from Attorneys

Donald Nemec Law Office of Donald C. Nemec

Re: Fired contractor

You could take him to a small claims or justice of the peace court and the filing fees would be less than $100. The problem with suing him is that it is questionable whether you would ever get paid. If you obtain a judgment against him, you could place a lien on his equipment and other assets - but that still does not give you 100% assurance that you would get your $600 back.

Also, if you hire an attorney for the work, you would likely be awarded reimbursement of all legal fees in the final judgment.

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Answered on 8/20/08, 1:21 pm


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