Luckily I understand all your abbreviations. The lie regarding the kitchen is not likely fraud. However, it certainly rises to the level of bad faith. A party in Texas has a duty to perform a contract in good faith. The actions taken by the GC were in bad faith.
My understanding of what you are saying is that you have already filed a claim for breach of contract
. You have requested a copy of the contract, which the GC is claiming is a "fishing expedition". You need to file a Motion to Compel and ask that the court overrule the objection because it is not a fishing expedition, and you need to request that the court order the GC to produce the documents immediately. If they fail to do that, you then file a Motion for Sanctions and request that they face a fine for not turning the documents over. If they admit that they have destroyed the documents, then you need to file a Motion for Spoliation of Evidence and Request for Presumption of Spoliation stating that you know what that there was a signed contract, that the GC has destroyed the evidence, and that you are highly prejudiced by this.
You also need to amend your petition, and add claims for Quantum Meriut, Unjust Enrichment and Promissory Estoppel. Quantum Meriut means that you are asking for the fair market value of the work you performed. Unjust Enrichment means that the GC profited by your purchase of material and work and needs to hand over the value of it to you. Promissory Estoppel means that you performed work under the promise and understanding that there was an agreement, and that the GC cannot now claim there was no agreement and that he doesn't owe you the money.
Finally, you should place a mechanic's lien on the property for your work.
Please let me know if this answers your questions.
Zachary D. Norris