San Antonio, TX asked in Criminal Law for Texas

Q: If I hired a contractor and he doesn't finish the job and I still owe him the last 10% can I take him for criminal

If i have several people can we get him for criminal

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Probably not. Not completing the performance of a construction job is not a crime.

The retainage (that last 10%) is your protection from a contractor who does not finish its work. After giving the appropriate notices and opportunity to complete the job under your agreement, you can use the last 10% to hire a replacement contractor to finish the work. If it ultimately costs more than that last 10%, you can sue the defaulting contractor for the difference. If it ultimately costs less than that last 10%, you should pay the difference to the original contractor for the work it did complete.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.