Legal Question in Construction Law in Texas

Tree Removal Gone Bad

We accepted a bid to remove a large tree from our yard. Man came, with small crew, did part of job. At noon we paid him and went back to work (yes, we know where we erred, but, sadly, we are trusting people). They left probably the instant we did. They also left all the branches etc. in the yard and driveway, 1/2 tree still standing, broke 2 deckrails, broke off pool skimmer and ripped in 3 places the cover to the pool.Now, surprise surprise, he won't take our calls (only have cell for him)but did cash $800 check. (I know - what a surprise....) What can we do? Could police arrest him if we called him to another residence under false pretenses of another tree needing removal? Can he be forced to do what was essentially a verbal agreement? I do have a written bid, but it is on paper only, nothing that looks very official.


Asked on 2/15/05, 5:56 pm

1 Answer from Attorneys
Charles White Charles G. White

Re: Tree Removal Gone Bad

Because you had someone to call to get the tree remover in the first instance, I assume that you have a name and an address. You say he will not return calls, but I again assume that you called him initially. If he is ducking you because of caller ID, then call from another number. If you first have to leave a message, perhaps a friend can leave an inquiry for a bid, and then you can talk to him.

If you cannot get him to finish the job, then you need to have a name of a party that you want to sue. [A judgment without the name of a defendant would have no meaning]. In Texas you then can file a Small Claims Court suit [up to $5,000.00] with the Justice of Peace in the precinct where the tree man lives.

The police are not going to arrest him under these circumstances. Although there are fraud statutes, they probably will not cover doing a bad job or damaging swimming pool covers. As a general rule you cannot force someone to do something such as finishing a job. There are some limited exceptions that that rule when you are seeking injunctive relief in District Court, but that is likely to cost more than your damages.

Good Luck!

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Answered on 2/15/05, 6:10 pm


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