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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I a sub-conyractor doing commerical work. A G.C waited until

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I a sub-conyractor doing commerical work. A G.C waited until Dec. 4, 2007 for Add. 7 to come out, than mail contract 16 days past exp. 6 months bid date. Refuse to furnish a FULL SET OF DOCUMENTS per contract. Contract mention Add. 1-5 only. Denied 2 C.O'S & 5 pay Applications, now claimed Kitchen 202 was unsatisfactory (G.C. LIE to avoid any type of payment. Lost 24500. Is this fraud?
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.
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.
Best Regard,
Zachary D. Norris
Customer: replied 5 years ago.

They were a Master (Mar 31, 2005) and B contract (Nov.19, 2007) A dispute (Add 7) involved to add 10000 worth of cabinets. G.C refused ro furnish any documenys, waited 7 weeld, now claimed it part of base bid. (Past of Alternate 2, Add. 7) the VP of the G.C called me on my cell, mention I FAILED to acknowledge Add 7 on my scope of work on May 22,2007, they were no myllwork involced (he lied) xo I change my scope of work on May 22, 2007.

The G.C disregard contract B, where it states G.C. to provide a "fULL SeT OF DOCUMENTS to each sub-contractor. I demanded to signed the 10000 c.o. . The G.C came back and claimed Add.7 was part of my May 22, 2007 scope of work. Now claimed Kitchen 202 was unsatisfactory. Our service no longer required. G.C will hired another subcontractor. to finish Phase 2 &3. They added 12000 work plus the 10000 they claimed I miss. I can proof this from my app. shop drawings. The sub;contractor did everything at "cost plus". G.C refused to furnish orginal invioce and contract from 2nd subcontractor. oUR ATTORNEY faided to do anything, Demanded 6000 more for trial. Or he will withdrawn. He withdraw 2 months before trial.. Add. 7 was discussed

alot doing the trial. But no evidence of Add.7. G.C TESTIFY Add. 7 was available in May 2007. Our attorney Add 7 (Dated Nov. 29 and 7R dEC. 4,2007) never used it as evidence. Balance of contract 4073 was awarded to us. They still owes us over 20000 plus attorney fees. What can we do?. ,

Expert:  TexLaw replied 5 years ago.
You did not mention before hand that the case had already gone to trial. A trial is a final decision on the merits of the lawsuit. So, I need to know what the judgment of the court said before I can give you an answer. If you can, get a copy of the judgment and tell me what it says and I will let you know if there is anything else you can do. Also, let me know what date the judgment was signed.

Zachary D. Norris
Customer: replied 5 years ago.

We receuved 4073, Our bid was 70000. 2nd millwork companycharge 70000 for the balance of work. We completed 1st phase at 245000, leaving a balance of 45000 ro finish the project. GC converted granite tops to plastic laminare, add countertops and cabinets. GC convert granitr to plastic laminate windowsills. I ask where the change order, they reply this project is Turnkey "No Charge"

PAY Applications (5)& C.O (2) GC have up to 7 days to notify sub-contractor of any changes. They waited 7 weeks, than reply cabinets not in placed. Ar this point the GC owes us 45000, 22000 for a project we did for than a month earlier. Without a full swt of documents this includes spec.,addendums and drawings. Fruday, brfore the trial Monday, the lady Judge claim the Breach of Contract was us. We was told in writing our service will no longer be required . Our 2md arrorney didm't have much court room experience and the Judge want to see him in 30 days. No attorneys fees. .

Expert:  TexLaw replied 5 years ago.
My understanding of the above is that you had a trial and the court found against you that there was not a breach of contract or conversion. Also, it sounds like the judge has set a hearing for 30 days later, which is when the court will likely enter a judgment against you. I'm assuming since you had an attorney that they pled the causes of action you had correctly. Since you've already gone to court and lost the trial, you can attempt an appeal, but that costs attorneys fees and appeal filing fees, etc. After losing a trial and without an appeal, there is a legal determination that the defendant GC does not owe you anything. So, in short, the answer to your question is there is nothing more you can do without paying more attorneys fees for an appeal.
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