I am in the process of building my home (from the ground up) and I contracted with NATHAN BALLARD & DANIEL A/C & HEATING on June 28, 2011 to install a Rheem R410A Furnace, heat kit & condenser. Per the description of work to be done, Mr. Ballard was to return to do the outside condenser and copper line sets "WHEN READY"About 3 months ago, I contacted Mr. Ballard and let him know we were ready. He stated he would "be out this weekend" - however he never showed. When I called him, he stated he would have to make it the next weekend. This same excuse went on for a month.For the last 2 months, I have left messages on his phone to PLEASE come and finish the job. He has yet to return my phone calls.I own my own funeral home and when Mr Ballard's father died, Nathan wanted to know if we could help him. We agreed to do whatever he wanted and knock off the cost from this contract - ($1400)I owe him a balance of only $1700 - I have contacted other heating/cooling companies for quotes - they are asking better than $5000.00 to finish HIS job.I understand from research, that Mr Ballard lost his license in Nov 2011What to do know?
Country relating to Question: United States
State (if USA): Texas
Filed complaint with Texas Dept of Licensing & Regulation and filed complaint with BBB
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear that this happened.We have recently implemented a new payment and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not whether the answer supports your legal position. If you have any questions at all, or there is anything I can clarify for you, please bypass the rating system and click “Continue the Conversation” or "Reply". Choosing either of the lowest two options reflects poorly on me (and not the law), so please reply to me if there is anything I can do to help before choosing those options. I appreciate your patience while we work out the kinks.If he's refusing to return and do the work that he contracted to do, you can sue him for breach of contract. At this point, since it's been almost a year and he's not licensed, you have no obligation to allow him to finish the job. Under the law, there are a few different remedies for breach of contract. One option is to sue for a refund of monies paid, because he did not complete the job. In that case, he is entitled to the reasonable value of the work performed.On the other hand, if the judge finds that he committed a total breach, and it sounds as though he did, you can sue him for the cost of completing the work (minus the remainder of the contract price). That's because the contractor promised to do the work for $X, which means that you're entitled to have the work done for $X - even if you have to pay someone else do it. So, it sounds like you're saying the value of the contract was $3,100. If the cost to repair it is $5,000, you can sue him for that amount, minus the $1,700 that you have not yet paid him.You're allowed to sue for up to $10,000 in Small Claims Court. Most Texas counties have forms that you can use to file the suit, so you may want to start by checking the court's website for your county. You can also call the court to see if they have forms they can send you. Here is more information on filing suit, including a sample demand letter:http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/OurLegalSystem/HowtoSueinSmallClaimsCourt.pdfGood luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).