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Updated over 3 years ago on . Most recent reply

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107
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Brendon K.
  • Real Estate Agent
  • Los Angeles
33
Votes |
107
Posts

What kind of lawyer do I need to go after a deadbeat contractor?

Brendon K.
  • Real Estate Agent
  • Los Angeles
Posted

Contractor company had two subs do my siding and my roofing, no problems. They had a different sub do my windows and as I watched they broke half of them. Now it's been six months after the expected end result and they're not budging on getting this completed. They're costing me money. I've tried talking to them and they're just completely ineffectual, I can barely get a response from them (much less an actual end date).

What kind of lawyer should be involved? How do I even start?

Most Popular Reply

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Greg H.
  • Broker/Flipper
  • Austin, TX
4,242
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4,335
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Greg H.
  • Broker/Flipper
  • Austin, TX
ModeratorReplied

I do not think you are going to like my answer from a Texas perspective:

First, I would cut ties with a contractor that is 6 months behind.  Personally, I would have done this months ago.  Like you said, this is costing you money.  I would focus 100% of my efforts on finding another contractor and getting the property sold

How much money are you out ? If it is less than $20,000 then you can take him to Small Claims(JP Court) and represent yourself.  Hopefully, you had timelines in your contract.  You can get a judgement which is the most a Lawyer can do and save yourself thousands in legal fees

Now, the bad part.  Contractors do not have to be licensed in Texas so that route is out.  Additionally, collecting on your judgement is difficult at best.  No garnishment of wages is permitted in Texas and the list of non attachable assets is long.  One can own a $1 million homestead in Texas and it cannot be touched

Again, getting the property finished and sold should be priority number 1

  • Greg H.
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