Legal Question in Construction Law in Texas

How to fire a contractor

I am having some work done to my house. There is an issue with the work including the wood floor beginging to curl up. I have contacted the contractor about it he has not been responsive. The cost of the project was estimated to be 12 K and I have currently paid him 5K. He is not asking for the rest of the money and I will not pay until this is fixed. My problem is I cannot get hold of him to come out to do the work. How do I tell him I getting someone new to finish the work and am not going to pay him for the rest? If he is not ansering calls what is the best way to ensure if he comes back two months from now wanting money I do not have to go to court about this?


Asked on 1/10/07, 5:03 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: How to fire a contractor

Contact him by certified mail, return receipt requested. Set out in the letter just what the problems are, including an inability to make contact. Give him ten (10) days to get on with repairs or he will be considered to have abandoned the job. Take good pictures of the flooring for your records.

You should consider contacting the supplier of the flooring about its curling up. It may be a bad installation, but it also may be a defective product. In either event, they should send someone out to take a look and make a determination as to the problem. If it's improper installation, they'll give that to you in writing. They can also recommend an installer to do the job correctly.

Unfortunately, there's no way of stopping him from demanding more money, or bringing a lawsuit. You do have defenses.

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Answered on 1/10/07, 5:29 pm


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