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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55297
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I own a home in Versailles. My daughter and her husband are

Customer Question

I own a home in Versailles Ky. My daughter and her husband are going to buy it from me. They are living in the house right now and in January they hired a contractor to do a renovation project. They signed an agreement with the contractor and he told them that he would get it signed and back to them. The job was for $40,000. It was to be completed in 8-12 weeks. He was to get 3 payments. 1 @ start, another in 1 month and final payment at completion/inspections. Long story short by the end of July job not done lots of text messages with requests for work to be done and finally he was sent a letter that he need not return to property. Up until that point he had been paid per agreement. We have now received a letter from an attorney with 14 day time period to pay this man $20,000 or he would be filling a lawsuit and place a lean on the property. We have lots of documents and a tape d recording in regards ***** ***** situation we have had workers show up at the house wanting to be paid but could not find contractor. I paid the electrician the house does not meet inspection the addition leaked and have had to pay someone else to at least get home livable not sure what to do
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good morning. Even if the contractor were to file a lien, the contractor can do nothing with that lien until and unless he prevails in a suit against you. And, given your facts, he's not going to prevail. This letter is intended to intimidate you. Rather, respond with your own letter and let the contractor you will be raising the stakes on the contractor. In that letter, let the contractor know you will be filing your own counter suit for breach of contract demanding actual damages for any costs you incur in excess of what you would have paid for the project had he completed it competently and timely. BUT, also be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as gross negligence, deceptive trade practice, and fraud causes of action, 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 resolve this without a suit, but, if it does not, file your suit. You have the upper hand as the contractor is the one in default here.

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