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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33911
Experience:  Began practicing law in 1992
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I have a contractor that will not complete the work for the

Customer Question

I have a contractor that will not complete the work for the installation of a residential generator. The quote was signed June 28th 2017; ~$7000 has been paid with ~$2000 remaining; the generator was delivered; however, he will not give me a start date for the electrical work.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: League City, Texas
JA: Has anything been filed or reported?
Customer: He said he has the permits... I have not filed or reported anything to anyone.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The plumber that he sub-contacted the Gas work to did a little work; but, stopped (he said) due to a tractor over heating. My issue is I cannot get the (electrical) contractor to give me any dates. The electrical Contractor is working as General Contractor also.
Submitted: 2 months ago.
Category: Legal
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 2 months ago.

I read your facts, is there a specific question with which I can assist?

Customer: replied 2 months ago.
What is the process to get them to respond or sue for incomplete work?
Customer: replied 2 months ago.
Are you there???
Expert:  Dwayne B. replied 2 months ago.

My suggestion is for you to contact a local attorney and have the write a letter to see if you can get it resolved through that method. You want to use an attorney because, obviously, they are not responding to you.

As far as filing suit, if the amount you are seeking is under $10,000 in Texas you can file in Small Claims court (Justice of the Peace court). The process follows the following procedure:

The process of a lawsuit is essentially the same everywhere, with a few, minor procedural differences.

A lawsuit generally follows this process:

1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intend to sue for to determine what court is correct

2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.

3) The sheriff will serve the defendant with the lawsuit.

4) The defendant will file their answer.

5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.

6) After that the next step is to set the case for trial.

7) During the trial you introduce your evidence and they introduce theirs.

8) The judge renders an oral judgment and a written order is made based on that oral judgment which the judge then signs.

That is the basic process of a lawsuit.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Expert:  Dwayne B. replied 2 months ago.

Please allow me sufficient time to type my responses to your question.

Customer: replied 2 months ago.
The name of the company is Power House Electric.
Customer: replied 2 months ago.
You said "...some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery." what is "discovery"?
Expert:  Dwayne B. replied 2 months ago.

Discovery is where you send questions to the other side or request documents from them. In Texas, Discovery is not allowed, by rule, in Small Claims court but occasionally you can get a judge to allow a certain amount of it if it is necessary. In your particular facts I don't see anything where it is obviously necessary.

If you decide that you want to pursue a small claims court case yourself, I suggest you pick up a book on the process. I usually recommend the ebook located at http://rebellionbooks.com/products-page/all-products/the-guerrilla-guide-to-small-claims-court/

I like that one because it is inexpensive and has a lot of good information without a bunch of fluff just designed to add more pages.