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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34846
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have an agreement work to be done. I signed

Customer Question

I have an agreement for handyman work to be done. I signed an agreement stating terms of the job , length, and material purchased. Day one Friday of the job, the handyman was 4 hours late and only worked for 4 hours. Day two Saturday the handyman again was 4 hours late and only worked for 5 hours. Day 3 Sunday, the handyman was late by one hour, but finally did what I consider a full days work 8 hours. The job was quoted to be complete in 3-4 days. I paid in good faith 1000.00 toward the final amount. His tardiness became apparent because of personal car problems on the part of the handyman. We agreed he would return during the week beginning late afternoon and working till dark until the job was complete. On the first weekday Monday, I began receiving text messages from his estranged wife - he would not return to work because it was inconvenient and costly in gasoline. I spoke with him late Monday evening and once again (regardless of the text from his estranged wife) he agreed to return on Tuesday and begin the job again. Now Tuesday after realizing he was not coming to the job, I once again began reaching out via text messages and phone calls. My husband is a police officer and has rescheduled 2 extra jobs that were going to help pay for the expenses, so we are waiting patiently for this handyman to return and complete the job. He did not show, but now I began receiving text messages from the handyman's helpers wife stating they were in route. They never showed up. The handyman left all of his tool at my residence. After the few days and numerous attempt to contact him about the job with no response, I finally decided he abandoned the agreement for the job. I tried to get him to retrieve the tools, but to no avail. He did not answer any text, or phone calls that I left messages on his phone, the phone of his estranged wife and even the phone of a person identifying herself to be his helpers wife.
What legal recourse do I have for payment that did not equal the work done, I pain in good faith on the Sunday because finally a full days work and I thought would be a great incentive to complete the job. - Since then I am receiving harassing threatening text from his estranged wife... I have send a certified letter reiterating the timeline and agreement and requesting a portion of the money returned (400.00), because now I will have to subcontract the remainder of the work.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is Barrister and I will try my level best to help with your situation or get you to someone who can..How long has it been since the handyman has performed any work on the job?.Have you gotten estimates on how much it will cost to complete the job from other contractors?.Do you have a physical address for the handyman?..thanksBarrister
Customer: replied 1 year ago.
The last work was on Sunday July 12, 2015I am in the process of meeting with a new contractor tomorrow morning for an estimateYes
Richard Coaliron
24420 FM 1314 Ste 13
Porter, Texas 77365
Customer: replied 1 year ago.
May I call you, I am an MRI technologist with the Houston Methodist Hospital and need to begin my next patient
Customer: replied 1 year ago.
I will need to continue this in about an hour, may I call you please.
How do I reach you
Customer: replied 1 year ago.
I'm sorry I just realize there is an additional charge for a telephone conversation.
Will you send the answers to my email ***@******.*** please
Expert:  Barrister replied 1 year ago.
Ok, then at this point if you have sent the handyman a notice stating that he is in breach and you will proceed to have someone else complete the work, then you can sue him under a breach of contract action for any cost over and above what you have paid him to do the job..Since you have his address you can sue him in small claims court and have him served at his home with the summons and complaint for the suit. Then you would appear on the court date with your estimates and the explain you side with the judge giving you a judgment and order for him to pay you your damages..I am sorry, but I can’t engage in a private one on one phone call as that could imply an attorney-client relationship which I am prohibited from entering into under my independent contractor agreement with JustAnswer...thanksBarrister
Customer: replied 1 year ago.
I still need an answer for the abandoned tools left at my residence..
I am receiving threatening emails - name calling - etc... from his estranged wife - who now claims she is the owner of the business.How do I find out if they are licensed as a legal construction company?I have checked google, - they are not a part of the BBB -thank you
Customer: replied 1 year ago.
Hello, are we still continuing this conversation?
This service issued 2 accounts and I had to call for 2 days because they typed in the wrong email address
Expert:  Barrister replied 1 year ago.
If the person has left their personal property at your residence, then you would have to send a certified letter to their address stating that they have XX days to come pick them up or you will consider them abandoned and dispose of them. You determine how many days, but it must be reasonable. So to pick up tools, 5 days would be reasonable. But you can't hold them hostage because then you are guilty of "conversion", the wrongful keeping of the property of another..But you have no duty to allow anyone other than the actual handyman to come get them, and in fact it would be very unwise to do so as that could give the handyman grounds to sue you if you gave his property to someone else..If he doesn't come get the tools after the time you set, then you can consider them legally abandoned and dispose of them however you see fit..I have found out that in situations like this, the handyman being in jail is often the explanation for why they haven't showed back up to get their tools..As for finding out if they are licensed, you can call your local Housing Inspector and ask them who issues contractor licenses and then check to see if they are licensed...thanksBarrister