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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55717
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I received a written estimate for doing some remodelng to a

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I received a written estimate for doing some remodelng to a restaurant. The estimate showed a breakdown for each part: add a wall, electrical changes and three floor drains. Also, a pay schedule as the work progressed. The charges have almost doubled, but scope of the work has lessened to two drains and what should have taken 2 weeks has gone to over 6 weeks. I have questioned some of his actions and charges but all he responds with is "Things cost more than he thought". I have asked for quotes from other subs, plumbing, and they both said the cost for this job would be half what he's charging. Over the last 35 years, I have been apart of building or remodeling over 10 restaurants and this is the worst. What course do I have?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Your contractor is in breach of contracts and you should raise the stakes on him. He's the expert and you have the right to rely upon his estimate; if there is a mistake, it's he who should bear the burden of that mistake. What you want to do is raise the stakes on him so that he realizes that not complying with your demands is going to cost him far more in the end than simply finishing the job at the estimated cost. You should send him a certified, return receipt requested letter detailing the history and demanding that he complete the job as estimated and refund any excess money paid in total within a short specified period of time. Inform him that if your demand is not timely complied with, 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 deceptive trade practice and fraud actions, 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.

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