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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54848
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I contracted to have an extension and outdoor kitchen added

Customer Question

I contracted to have an extension and outdoor kitchen added to my patio. The contractors left the job incomplete. Do I have any recourse?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Yes, you absolutely have recourse! What you want to do is raise the stakes on him . First, get an estimate from another contractor of the cost to properly finish the job. Then, send your existing contractor a certified, return receipt requested letter detailing the history, terminating the contract due to his default, and demand that he pay you an amount of money so that when the other contractor completes the job, you have paid in total no more than you would have paid him had he completed the job. Inform him that if he does not comply with your within a short specified period of time, you will have no choice but to file a suit against him for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, he will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on his record.

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