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A contract law question. I had a roofing job started on my

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A contract law question. I had a roofing job started on my home by a roofing contractor for an amount of $21,400. Shortly into the project he walked off the job, claiming his expenses were greater than he had estimated. To that point I had paid him $11,400. His defense is that he spent the money on materials. I spent an additonal $16,000 to finish the project, $6,000 more than I had contracted for him to do the job.

Do I have a valid claim for the additional $6000?
Submitted: 4 years ago.
Category: Business Law
Expert:  P. Simmons replied 4 years ago.
Yes, you have a good claim for that money. And you can sue in TX small claims for up to $10K

If you had a contract and he broke it, you can sue him for damages.

Take a look here
http://dentoncounty.com/dept/main.asp?Parent=150&Link=358

http://www.ccl.co.harris.tx.us/jp/civil/filing.htm

For some basic info on small claims in TX

Also consider this

http://www.amazon.com/Everybodys-Guide-Small-Claims-National/dp/0873374002

Or similar



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.



Customer: replied 4 years ago.
I guess the big question if, I have my day in court, will be..."If he can prove that he spent the $11,400 on my roof, is that a defense for him to not be liable for the completion of the job."

Also the gutters on the house were damages beyond repair. I am considering getting some bids on their replacement and submitting these with the small claim.

I have contacted the local JP office that handles small claims in Hood county and have reviewed numerous online help site and plan to draft a demand letter today.

Thank you.
Expert:  P. Simmons replied 4 years ago.
No...what he spent is not material, or at least not as important as what you agreed to. If you had an agreement and he broke it, you can sue for damages. That is basic contract law in all the states. Go get em!

P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 26286
Experience: 12+ yrs. of legal experience.
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