Houston, TX asked in Contracts, Products Liability, Business Law and Construction Law for Texas

Q: Subcontractor nonpayment on "bad job" no contract. Phone records, text & email.

I recently worked as a subcontractor, staining a concrete floor that was covered in mortar, paint, glue, and holes & the house was being fixed from hurricane Harvey flooding. We had only communicated with the contractor & have recordings of us telling them how the patching wasn't going to match up perfectly & we got "yes ma'am " from the contractor. This slab was terrible & had to grind on the surface for 2 weeks. Even though we were told the customer would understand it wouldn't be perfect, they're "very unhappy" &the bank wouldn't ever accept our deposit check because I was made out badly like a child did it, now we haven't received any payment & they say they need to talk to us but keep putting it off. They never signed a contract, there is email & phone records of them accepting a small proposal, these people have an LLC. What do I do? I'm in the hole $5000 with this job

2 Lawyer Answers

A: AVVO is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.

Tim Akpinar
Tim Akpinar
  • Construction Law Lawyer
  • Little Neck, NY

A: Save the records you mention, together with any other documentation you have for materials, time sheets for labor, etc. Contact attorneys in your area to try to arrange a free initial, or brief consultation to discuss whether the matter could be viable and cost-effective to pursue in the absence of a signed contract, based on evidence you have on hand.

Tim Akpinar

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