Residential Construction/ Cost Plus Question

[Kristi Reavis]

I would like some help and thoughts on how to handle a remodel project that I entered into.  It is a cost plus residential construction agreement in Texas that clearly states that all receipts and invoices shall be provided before final billing takes place.  Then the builder may collect his percentage.  My problem is that near the end of the project the contractor said he lost his painter and if we could find our own.  We had already paid some of that money to him.  I received a profit and loss statement from him with scattered bits of receipts and invoices.  There are actually about 13k worth of receipts and invoices missing.  If he were to have all of these and after he collected his percentage he actually has collected 1k more than he should have,  There are also some repairs to problems that he is aware of that need either compensation or repairs made.  He has said he is calling it a done deal.  He will not provide or can't provide the proper receipts and or invoices.  Said sorry just don't have them.  Is there anything that I can do to force this and or to get reimbursed.  Some of the invoices he did send had not only my job but others as well on them.  So I am not fully trusting that everything adds up correctly.  

Any advice would be greatly appreciated.  And yes next time I will do things very differently.  

Thanks

Kristi

[Leland Barrow]

Hopefully you had him waive the right to a mechanics lien. If you did then do not pay him until everything is accounted for. There is no "I am sorry" on his part. All he has to do is abide by the agreement. The ball is in his court. If he did not waive his right to a mechanics lien then both of your leverages negate each other. You can withhold payment and he can lien. Probably best that you negotiate a compromise in that situation. Find a middle ground and get him to agree so you can avoid causing the situation to escalate.