Houston, TX asked in Construction Law for Texas

Q: Can a client withhold payment from one job if there was accidental damage to yard after the fact

I put in a fence and the client is satisfied with the work. However, after completion, the gentleman accidently created a divot in the yard. Client does not want to pay for the fence until the divot is complete. Hired someone to fix it and they were still not satisfied

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Construction Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: In the absence of contractual language to the contrary (which would be highly unusual), a customer cannot withhold payment for a satisfactorily completed project as a result of subsequent accidental damage to the yard not caused by the contractor or its workers/subs.

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