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General Contractor Missteps -- Pool Build RE: Texas Law

2,554 Views | 14 Replies | Last: 4 yr ago by Agilaw
NPH-
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Agilaw
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Need additional information on the "agreement": Did both parties fulfill their obligations under the terms of the unsigned agreement - pay, performance, materials, scope, time, etc.? Were there any material alterations, additions, or deletions during the term of the agreement? Do you have any texts, emails, etc., about the project? Why is the payment issue coming up at this time? Did the contractor actually underestimate the costs of the project, labor, materials, etc., and now they are trying to push that off to you? How complete is the project - % wise? Why has it taken so long to complete the project? Is the contractor an individual, an llc, a corporation, etc.?

I certainly wouldn't go cut the contractor a check at this point and I certainly wouldn't sign any documents at this point either. You may have to put pressure on the contractor to complete the project as agreed.
Win At Life
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Too late for you now, but for others, this is why you should make the contractor sign a waiver of lein when you paid him the 4th and final installment.
NPH-
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NPH-
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EclipseAg
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Pool companies suck.

I remember asking for recommendations back when we built ours and every person I asked said "Don't use who we used."

Then when ours was done, I said the same to people who asked me.
fka ftc
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Would absolutely appear the contractor is way past the dates to file a lien on the property. Just google Texas lien notice requirements.

That said, he may still file the lien and provide whatever documentation and dates he wants. Then there process to remove it - which will be frustrating but this appears to be an obvious fraud / failure to follow the required notice provisions.

May cost you a few hundred with a lawyer. Have your documents and dates in order. And I would just not have any contact with him from here out as it will likely produce nothing.

Added Note: Get a trusted pool professional / inspector out there to inspect the completed work. Two things here - gives you more documentation / leverage against the contractor if his work was subpar or not complete. Second, you will know now any Easter eggs he left for you to find on the project. Better now than later as those things do not age well.
"The absence of the word accountability is not the same as wanting no accountability" -unknown

"You can never go wrong by staying silent if there is nothing apt to say" -Walter Isaacson
Keeper of The Spirits
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Not judging but want to understand because it impacts my advice, you did a presumably 6 figure deal where the mechanics could put a lein on your home with no signed paper?
NPH-
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Martin Cash
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NPH- said:

Honestly, yes, did a deal with a reputable contractor as we had a lot of trust & faith in him. Well respected residential home builder in the community. Nave on my part? Absolutely. Won't ever do something so ignorant again.
If there was no written contract, he can't file an M&M lien period. At least not a legit one, and he is subject to penalties if he tries.
MookieBlaylock
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You can ask for additional money for a job you quit on a year ago?

Agilaw
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Agree on not to worry about a valid M&M lien at this point. Are you really asking should you pay the additional funds that the contractor is trying to get from you?
NPH-
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Agilaw
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Repercussions, meaning he files some kind of suit (breach of oral contract, etc.) against you?
NPH-
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Agilaw
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The contractor could file a claim (lawsuit) for breach of contract among other potential claims. From the facts given, I don't think they would be successful. You also have potential claims you could bring against them by way of filing against them first or by way of counter-claim if they file on you.

It appears they are making an attempt to get you to pay something for their shortcomings in bidding the project and/or because they are having issues with other projects or their business as a whole.

Reaching out to you almost a year later seems a little desperate on their part.

There's no way to tell what someone is going to do, but I would be somewhat surprised if they filed something. But, I've been surprised before.
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