07/15/2018
Letter from
Brian W. Erikson
5.0 stars 14 reviews
Construction / Development Lawyer | Dallas, TX
You can try to press charges, but typically, a district attorney's office or the sheriff or police will steer clear of a "civil" matter.
You can try to press charges under the Texas Construction Trust Fund Act, Chapter 162 of the Texas Property Code. The Trust Fund Act provides for misdemeanor criminal liability for failing to pay for labor and materials (if that is your case) under certain circumstances. You can review the Trust Fund Act at the following web link to see if it applies to your situation:
http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.162.htm
You can certainly sue the contractor for your damages. But, I suggest that you first write a letter by certified mail, return receipt requested, to set out the facts, and to demand that the contractor do right.
Your letter to the contractor should request that the contractor return to correct/complete his work. In that letter, you should advise generally what work needs to be corrected/completed. You should also indicate that if the contractor does not return to correct/complete his work, you will have to retain another contractor, and will hold the first contractor responsible for the costs. Finally, indicate in your letter that if the contractor does not advise that he will return to correct/complete his work within one week, you will presume that he has no intention of doing so, and you will hold him responsible for the costs of correcting/completing his work.
When the contractor does not return, you can retain another contractor to correct/complete the first contractor's work. Make sure that the second contractor itemizes his invoices and lists the costs to correct/complete the first contractor's work. You cannot charge the first contractor with the cost of work that was not within the first contractor's scope of work. For example, if the first contractor was supposed to install carpet, you cannot charge him for the second contractor's installation of ceramic tile.
Once you have tallied the costs associated with correcting/completing the first contractor's work, you can consider suing him to recover those costs. The jurisdictional maximum for small claims court in Texas is $10,000. So, if your claim exceeds that amount, you will have to sue in County or District Court. In small claims court, you can represent yourself. In County or District Court, you will have to retain an attorney. However, under Texas law, you would be entitled to recover attorney's fees if you prevailed.
Make sure that you take a lot of photos of the first contractor's work. Digital photos with the date of the photo imprinted on the photo are best. You should document the condition in which the first contractor left the work and what it took to correct/complete the work.
Good luck.
Hope this helps
Sec. 162.001. CONSTRUCTION PAYMENTS AND LOAN RECEIPTS AS TRUST FUNDS. (a) Construction payments are trust funds under this chapter if the payments are made to a contractor or subcontractor or to an officer, director, or agent of a contractor or subcontractor, under a construction contract for the im...