Small Claims Court for breach of contract with a contractor

83 Replies

Originally posted by @Guy Gimenez :

@Mike Reynolds   I'm in Austin about 10% of the time but we're closing on the sale of our house here and then will do some RV'ing until we find out exactly where we want to end up. Most everything I'm buying is along the Texas coast so that's where we'll end up permanently I'm sure. 

 Congrats on the sale of your house.  Where are y'all heading in the RV ?  We sold our house in Austin in June and are down to just a condo there.  We did the Airbnb thing for 6 months or so(Mostly East Coast) and found out it was harder than we thought. Now finding we enjoy spending more time in our house in Colorado than in Austin.  Have a blast ! 

@Justin K.

I'm sorry to hear about this. Unfortunately, there are a lot of scammers and thieves out there. We've had our share of scammers and can tell you, we've lost about three fold of that amount from various contractors, thieves and vandals. It's a hard and painful lesson. My wife and I call these things tuition. It is tuition for the school of hard knocks. So don't let this keep you down. You've learned your lesson, paid for it, and now you've got to get up and move full speed ahead.

Thanks @Greg 

@Greg H.   We're going to hang out with family in Galveston area for a bit while we find an RV and onboard another team member, then head back to Corpus to view some properties we're acquiring to turn, and start looking in Rockport area for a homestead. After that, we'll take it day by day and decide what we want to do and see. 

Originally posted by @Quito Keutla :

@Justin K. The cost of education can be expensive at times. Hopefully this will not ever happen to you in the future. Do what you feel is worth your time and effort. Happy Investing!!

 Education is also worth its weight in gold sometimes.

Originally posted by @Phillip Lanier :

@Justin K.

I'm sorry to hear about this. Unfortunately, there are a lot of scammers and thieves out there. We've had our share of scammers and can tell you, we've lost about three fold of that amount from various contractors, thieves and vandals. It's a hard and painful lesson. My wife and I call these things tuition. It is tuition for the school of hard knocks. So don't let this keep you down. You've learned your lesson, paid for it, and now you've got to get up and move full speed ahead.

 Absolutely I'm going to keep moving on. It's how you respond to situations like these will dictate if you're capable of being a small business owner.

There are lots of ways to get made right by a faulty trade/contractor. 

The last resort should be a law suit. 

Send demands and all that, sure; but like many have said it doesn't do any good if you can't get paid.

I would look to see if you can find someone who specializes in mitigating this type of action. Litigation avoidance is a real thing, and one I would suggest before filing suit. I am biased, as its taken me 20yrs to learn its better to work it out, than take them to court. Only lawyers win in court. 

Originally posted by @Jeph R. :

There are lots of ways to get made right by a faulty trade/contractor. 

The last resort should be a law suit. 

Send demands and all that, sure; but like many have said it doesn't do any good if you can't get paid.

I would look to see if you can find someone who specializes in mitigating this type of action. Litigation avoidance is a real thing, and one I would suggest before filing suit. I am biased, as its taken me 20yrs to learn its better to work it out, than take them to court. Only lawyers win in court. 

 Sorry I am just now getting back to replying back to you. I have been on a business trip and have pretty much been non stop all day long.

I sent him the punch list of the remaining items and one of the last sentences of the letter I stated that my company had all legal rights and remedies to resolve this issue. He never answered, never called or replied back to my texts to even see if he would be coming back even after I sent him the letter saying he was now in breech of contract. 

How have you solved it out of court and what was you mitigation process?

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