Legal Question in Credit and Debt Law in Texas

Theft of services

We provided painting and misc services as per our contract and scope of work for a new construction project. The GC had interior walls prepared before the roof was installed. Anticipating rain, we had the owner of GC company sign a waiver stating our concern that our work would be damaged, we would not be held liable, and that he would personally guarantee payment if we were required to make repairs (extra work)as a result of damage. It rained, there was damage, we were told to make repairs, but upon final billing, we were told the owner does not pay for extras. Pure and simple refusal to pay. They sent a final check for 4200.00 (the remainder of original contract amount) with an ''acceptance clause'' that releases them from ''any and all outstanding debt or claims''. We have not cashed the check. They still owe 2300.00 for the extra work we did upon request. Owner says he won't pay because he did not sign a change order (he did sign waiver) . He was not available so his site superintendent signed C Order and approved final billing amount. This sounds like blatant Theft Of Services which I believe is reported to police. Am I on track or not? Do I need to give any notice other than the billing and phone calls I have already made?


Asked on 5/30/04, 2:44 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Theft of services

It always helps to make written demand, with notice to the homeowner. However it's purely a civil matter, rather than a criminal Theft of Services.

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Answered on 5/30/04, 11:16 pm


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