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Need advice about a contractor who I paid 3600$ and have not…

Customer Question
Hi, need advice about...

Hi, need advice about a contractor who I paid 3600$ and have not completed the job. He used a contract that was with a previous partner who was no longer in business with him. He and I signed the contract.The contract states everything he would do for $12800 total remodel. He required me to put 3600 down and is not doing the work.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The only thing hes done is tear down sheet rock of a wall that is approx 6ft across during a 4 week period. He said he would do 3600 worth of work and he is ending the contract. i asked him to rewrite the contract based on 3600 worth of work. Have not heard from him. He doesnt take my calls but will only text.

Submitted: 9 months ago.Category: Employment Law
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Answered in 9 minutes by:
11/13/2017
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,272
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 9 months ago
please review my questions. I can send you the contract if you would like
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

Hi, thanks for your patience. This appears to be a breach of contract based on the failure to perform within a reasonable time if you have paid him money, but he has not done anything. This is common among some contractors. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started.

What other questions did you have for me?

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Customer reply replied 9 months ago
how do i file a law suit my self
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

You can always file a lawsuit in the county where the contractor's main business is. Presumably you live in the same county. You can go to the courthouse (the civil section) and ask for any local forms that are needed to file a small claims lawsuit. You could also go down to your district court as well and file a lawsuit there. TX is notorious for not providing information online, so you may have to go to the court to find out for sure. However, you could get started with the attached 28 line pleading paper and file that, pay the fee, and then have it served on the other party. Did you have any other questions for me?

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