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I fired my contractor Friday for failure to complete my

I fired my contractor...

I fired my contractor Friday for failure to complete my flooded house in a timely manner, he main employee quit Friday that was doing all the work and we are week 7, we left for a month and the sheet rock, insulation, shower and both bathroom floors were complete before we left. I want him to come and get his tools and ladders, etc and he is not answering me.

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

Houston, Texas

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

No this just happened Friday.

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

I want him to get his stuff and I never want to see him again, what a scammer and hiding under being a christian...

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Answered in 53 minutes by:
3/7/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,053
Experience: Licensed to practice before state and federal court
Verified

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.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 5 months ago
How do I get him to come and get hi stuff, I want him f=gone I paid him more money than work completed.
Customer reply replied 5 months ago
Not only the but workmanship is awful and he has my cabinet doors which he claimed he was taking to repaint.

Thanks for responding. The first thing to remember is that you can't compel them to come get their stuff; only a judge could make that order to force them to do that. But there is a way to make that happen.

This appears to be a classic breach of contract because they did poor workmanship and were made for more work than they actually completed. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. 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 you can download the forms right after purchasing. Click here to get started.

In your letter, you could advise them that you plan on bringing suit and as a part of your request to the court, you're going to ask them to come get their things.

Another thing you can do is send them a letter advising them that if they don't get their things within two weeks, you will sell, destroy, or store their things permanently and they will not be able to obtain them from you.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 5 months ago
Can I send a Certified letter advising them to come and get their things? If so, how many days to they have legally to come and get them? The person he had working for him that did most of the work with him and the only way he will come and finish is if he comes to get his stuff, not sure what that is all about but kooks like I will finishing this house myself.

Yes, I would recommend sending a certified letter to have them come get their things. There's no law on this situation believe it or not, so a court would probably look to the rules regarding abandoned property for landlords and tenants, and generally it's a 14-day window for landlords to hold onto property, but there's no specific guidelines at all regarding this (this comes up a lot). You could of course always just drop their junk off back at their place of business, too.

How else can I help you today?

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Customer reply replied 5 months ago
Ok thank you, ***** ***** don't want to touch his stuff so he can accuse us of keeping something.

The pleasure is all mine and I totally understand. Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Customer reply replied 5 months ago
I need my cabinet doors or I will have to pay someone to make new ones, only the bottom cabinets were made new after the flood but he has all my doors so dropping his junk as his place is not an option as I told him via text as he doesn't anser his phone

I see what you mean. If you were to bring a lawsuit, you could sue for the difference between what you have to pay the new contractor and what you paid the old one.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,053
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