Legal Question in Construction Law in Texas

small claims

Looking for an answer to a simple question. I contracted with a contractor to build an addition to my house last summer. He did not complete the project. At the time he was not incorporated, As of December 31st, he is incorporated. I plan to take him to small claims court. Whom do I file against, the corporation or the small business/owner?


Asked on 1/03/05, 4:05 pm

2 Answers from Attorneys
Charles White Charles G. White

Re: small claims

Technically speaking, you would sue only the party that you contracted with, that is, the contractor individually. However, as a precaution, it is advisable to sue both the individual and the corportion just in case the corporation has taken over some of the individual's responsibilities [which still does not relieve the individual from his responsibility].

DO NOT SUE THE CORPORATION alone, because you might end up holding an empty bag.

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Answered on 1/03/05, 4:11 pm
Peter Bradie Bradie, Bradie & Bradie

Re: small claims

An individual doesn't become incorporated, since a corporation is legally a person in its own right. An individual will form a corporation.

You sue the party you contracted with. The individual may own the corporation, but the corporation is still a stranger to the contract between you and the contractor.

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Answered on 1/03/05, 4:25 pm


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