Texas Construction Legal Questions

This is unlikely to be a cost-effective way of reducing liability.  A more effective way would be providing workers' compensation insurance for your own workers and requiring any of your subcontractors to provide workers' compensation for their workers and to defend and indemnify you for any claims made by their workers against you for any injuries they sustain while working on a jobsite for you.  ... Read More

This is exactly what your retainage is for.  The retainage is that part of the contract price that every owner retains from any contract for construction work until all work is completed and approved.  By law, an owner is required to retain at least ten percent, but your contract with your contractor can allow you to retain more.Hire another contractor to fix/finish the work the original company was hired to do.  Pay the new contractor out of the retainage.  Send the original contractor the itemization of what the new contractor had to do and what it charged you for doing it, showing you deducted that from the retainage.  Then, either send the original contractor the balance of the retainage or, if the new contractor charged more than your retainage, a bill for the difference.... Read More

It doesn't sould like there is anything "illegal"; however, if the scope of the work has changed, you need to prepare and secure approval of a change order reflecting the change in the scope of work and any increase (or decrease) in price as a result.For example, if you bid included $500 to remove carpeting, but it will cost $1,000 to remove laminate, your change order should indicate that instead of removing existing carpet, you will now be removing existing laminate and that the price for your services will increase $500. You should postpone your work until the change order has been signed and approved by the owner.  I strongly recommend not accepting a verbal approval, email, or text message, and instead require an authorized signature on a change order.This is a common process in construction work.... Read More

Clarity with respect to the scope of work of any contractor is very important.You should carefully go through each and every item on the insurance adjuster's report.  Check to see that each item has been completed to your satisfaction.  If not, write down what is wrong with it.If you and the contractor agreed to extra work above and beyond what is specified in the adjuster's report, check to see that each item of extra work agreed upon has been completed to your satisfaction.  If not, write down what is wrong with it.Be as thorough as you can in your inspection of each item of work and as detailed as you can in noting what is incomplete or unsatisfactory.... Read More

Yes, you can sue if the company has breached its subcontract agreement with you by keeping illegal installers, releasing you, changing prices, or violating any other term of your agreement.  You will need to be able to prove what damages you sustained as a result of the company's breach if your agreement does not contain a liquidated damages clause.  You also have a duty to mitigate your damages, for example by accepting jobs from other companies.... Read More

It is highly unlikely that the installation will pass inspection without a GFCI.  Installing a GFCI is not a big deal and ought not be a significant expense for you as the contractor.  The licensed electrician you typically use on spa installations and repairs ought to be able to install a GFCI at nominal additional cost to you.You might want to have a discussion with the estimator who gave the quote on behalf of your company.  The absence of a GFCI is not an unforeseeable issue.  Any time a contractor gives a quote for work, the contractor needs to inspect the current installation to determine if there is work required to bring the item "up to Code."  This is a common requirement for passing inspection.  Building Codes are constantly updated.  While GFCI requirements were updated in 2023, the requirement of hard-wiring a hot tub or spa to an outlet that is GFCI protected has been around for many years now.So I think you would lose on the argument about the GFCI being unforeseen or unanticipated at the time of the quote.  Some contractors, however, specifically include language in theri quotes that the customer will be responsible for the cost of any additional work required to bring the installation up to Code in order to secure a permit or pass inspection.  ... Read More

Given the extremely small amount of money involved, I recommend that you attempt further negotiations with Lowe's customer service to resolve the matter.  If you have to go to court, I would suggest filing a small claims lawsuit in justice of the peace court.  Our justice of peace courts have jurisdiction over small claims with amounts involved that are $20,000 or less.  It is unnecessary to hire a lawyer to represent you in such a case.  ... Read More

With respect to the amount of time it has taken, if you and the contractor did in fact actually agree upon a fixed completion date and that date has passed, and the delay in completion of the project is not due to your own actions, you may be entitled to delay damages.  Because delay damages depend upon the specific facts and circumstances of your situation and are sometimes difficult to quantify, many construction contracts specify a set dollar amount per day for delay damages.  When a stated completion date is not firm or material to the parties, a construction contract often includes a "no damages for delay" provision to make it clear that you cannot seek damages for any delay in the completion of the work.  If your contract has neither, you will need to discuss your particular situation in greater detail with an attorney to determine what compensable damages you have sustained as a result of the delay.With respect to below average work, there are two different legal standards involved:1. Work that does not meet the specific requirements of your contract is "non-conforming."  You have the right to reject non-conforming work and to require the contractor to redo it regardless of how skillfully the contractor performed it.  For example, if he was to paint something blue, but instead painted it yellow, you could insist that he redo it whether it was below average or superior in quality.  2. With respect to contractors making improvements or repairs to real property, the law provides an implied warranty of good and workmanlike services.  That means the contractor's work must be done in the same manner as would a generally proficient contractor engaged in similar work under similar circumstances.  "Below average" may or may not meet this standard depending upon how much "below" average the work is compared to what generally proficient contractor would have done.... Read More

You can sue the contractor for breach of contract for failing to perform that part of your contract that requires him to deliver to you a copy of the manufacturer's warranty.  You might also consider contacting the manufacturer directly to confirm that what you were told about the warranty by the contractor is accurate.  If not, you might also have a cause of action for fraudulent inducement based on representations from the contractor about the warranty that you relied upon.... Read More

You are not required to pay the sub because you already paid the general, ASSUMING (1) you properly withheld 10% of the payments to the general (this is called retainage) and (2) you have not recived a letter from the sub demanding that you withhold all future payments to the general (this is called a funds trapping letter). The most that you should be liable for (in most situations) is 10% of the amounts you paid to the general. This is a fairly complicated area of law and this general advice may not fit your fact pattern. That could chanbe my answers.   Mark P. Brewster Brewster Law Firm mark@markbrewsterlaw.net (210) 437-1232... Read More

The rule depends on whether you were a general contractor, sub-contractor, or sub-sub. Generally speaking you have until the 15th day of the 3rd or 4th month after you provided your work or materials, to file a lien affidavit. You must have sent the proper pre-lien notices, and if this is residential or homestead, there are more requirements to have an enforceable lien. I hope this helps you some. The answer is not as simple as you might be hoping. There's also something called a constiitutional lien -- that is avaialble in certain situations. Also, remember that the lien is only 1 way of getting paid. You can always sue on the debt, even if a lien is not available to you. ... Read More

You need to hire a residential construction lawyer to pursue a claim under the Texas Deceptive Trade Practices Act (DTPA). Some lawyers will take cases like yours on a contingeny fee basis. I do not do that, but if you want to hire me on an hourly basis I am happy to talk to you about that.  Mark Brewster, The Brewster Law Firm (210) 437-1232. ... Read More

It is difficult to ascertain from your comments above, but is this an adjuster employed by your insurance carrier or a public adjuster unrelated to your carrier?  If you are uncertain then please contact your carrier and request clarification.  How you proceed forward with this individual will depend on the former clarification.... Read More