Contractor breach of contract

Member since 2023 · 3 posts · 1 vote

Hello - I'm a fairly new investor with two rental properties and a primary residence in the Fort Worth area. I paid a contractor to rehab a property last year and recently found out he did not permit any of the work as outlined in our contract. Code enforcement is now involved and I've asked him to retroactively pull permits but he will not. Does anyone have a lawyer they could refer?

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Richard NeesePro Member

Rental Property Investor · South Vinemont, AL · Member since 2026 · 59 posts · 20 votes

I'm sorry to hear this Adrian. Unfortunately contractors aren't set it and forget it. I run a construction and rehab team for this very reason. I wish i could help on the actual lawyer. Good luck i hope you can get it squared away.

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Richard NeesePro Member
Rental Property Investor · South Vinemont, AL · Member since 2026 · 59 posts · 20 votes
1w
I'm sorry to hear this Adrian. Unfortunately contractors aren't set it and forget it. I run a construction and rehab team for this very reason. I wish i could help on the actual lawyer. Good luck i hope you can get it squared away.
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- Adrian Bautista
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  Member since 2023 · 3 posts · 1 vote
  6d
  Thanks Richard. At the time I was a project manager for a construction firm in Dallas. I hired this contractor specifically because his contract included permitting all work. My mistake was not verifying. Now I manage the trades and contractors myself.
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Jayson Bates
Lender · McKinney, TX · Member since 2026 · 17 posts · 3 votes
1w
Sorry you're dealing with this, Adrian. While you look for an attorney, the Tarrant County Bar Association runs a lawyer referral service, and asking for someone who handles construction disputes will get you to the right people faster. Have the signed contract showing permits were his responsibility, your proof of payment, and the code enforcement notices ready. It's also worth asking code enforcement exactly what it takes to close the case, because another licensed contractor can often pull permits after the fact and get the work inspected, and that cost can become part of what you claim from the original contractor. Ask the attorney whether Texas's Residential Construction Liability Act notice rules apply before anything gets filed. Getting it cleaned up sooner rather than later also helps down the road, since unpermitted work can complicate a refinance or sale if an appraiser or buyer's inspector flags it. Disclosure: I'm a loan officer in Texas and Arizona, not an attorney.
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- Adrian Bautista
  OP
  Member since 2023 · 3 posts · 1 vote
  6d
  Jason - Thank you for the advice. I have sent an RCLA via certified mail and a copy via email. The contractor has yet to respond to either. I will follow your advice. The frustrating part of this is I hired this contractor specifically because he included permitting all of the work in his contract.
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- Jayson Bates
  Lender · McKinney, TX · Member since 2026 · 17 posts · 3 votes
  5d
  Glad it helped, Adrian. Sending the RCLA by certified mail was the right move, and the green card or tracking receipt is your proof of delivery, so keep it with the contract. The fact that permitting was written into his scope actually works in your favor; it's in black and white whose job it was. While you wait on him, it's worth getting a quick quote from a licensed contractor on what it would take to permit or correct the work, so you know the real number you're arguing over and can show code enforcement you're moving on it. Hope he comes to the table. Disclosure: I'm a lender in Texas.
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Diego AlvaradoBusiness Member
Real Estate Agent · Flower Mound, TX · Member since 2016 · 301 posts · 140 votes
6d
Hi @Adrian Bautista
That is really bad situation. I don't have an attorney to recommend that will handle small disputes (I am assuming that though). Reach out if it is not the case.
I would tell you that you should look to identify and resolve the code enforcement as soon as possible any litigation will take its time and you may have more economic impact in your business.
I hope you get that resolved soon.
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John Leland
Specialist · I give advice - [email protected] - I focus on states where investing is profitable, reasonably safe & secure · Member since 2026 · 179 posts · 63 votes
6d
Quote from @Adrian Bautista:
Hello - I'm a fairly new investor with two rental properties and a primary residence in the Fort Worth area. I paid a contractor to rehab a property last year and recently found out he did not permit any of the work as outlined in our contract. Code enforcement is now involved and I've asked him to retroactively pull permits but he will not. Does anyone have a lawyer they could refer?
There is a reason he s not willing to put his name on a permit. Find out why. Check to see if there any complaints against his contractor's license.
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Chris SeveneyBusiness Member
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Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
6d
I have one in Texas right now where I'm suing three different contractors. I find them great to work with. Happy to send you their information, but I publicly can't post contact information in forms.
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