Houston, TX asked in Contracts, Estate Planning, Real Estate Law and Construction Law for Texas

Q: What can I do??? Help

We closed on our home in April 2022. Have made two payments already! Still not living in it. Our general contractor hired a sub contractor to do our floor. Has attempted 3 times, left a razor blade in my daughters closet in the epoxy! Now is not answering calls or texts. And our general contractor is trying to make us pay even though we are already paying our monthly payment in mortgage on what he has paid the floor guy.

1 Lawyer Answer

A: I can answer your question generally. But I would want to see your contract or written agreement to be sure of how to advise you.

I'm assuming that the mortgage you are paying is for a COMPLETED house. Meaning all the construction, including laying the floors, were part of your purchase and paid through the mortgage. If that is true you are in a tough spot. If the GC is working WITH the Bank who gave you the loan, then you should put your complaints in writing and send it certified mail to the GC and the Bank letting them know of the problem which you see as a MATERIAL BREACH of the contract to build the house. If you do not get a helpful response, you could ask the GC for thier Insurance company information to make a claim or hire an attorney to let the GC and the bank know that if they do not perform as per the contract, you plan on suing.

I hope it does not come to that as it would be expensive and sounds unnecessary. Good Luck!

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