US Legal Forms
Legal Resources
Questions & Answers
Contractors
What can I do if my contractor did poor work and did not finish the job?

What can I do if my contractor did poor work and did not finish the job?

Full question:

A contractor we hired to do some painting and home repair just quit working on our home without notice. There are things that are not finished or that we are unhappy with, but he has sent us a bill. What are our legal rights?

Category: Contractors
Date: 04/07/2025
State: Texas

Answer:

If there was a written contract between you and the contractor, you could pursue enforcement of the contract if you believe he has breached the agreement. It would be prudent to examine your options in this regard before the contractor attempts to file a lien on the property for non-payment of his services.

Under Texas law, a person has a lien if the person labors, specially fabricates material, or furnishes labor or materials for construction or repair in this state of:(A) a house, building, or improvement;(B) a levee or embankment to be erected for the reclamation of overflow land along a river or creek; or (C) a railroad; and the person labors, specially fabricates the material, or furnishes the labor or materials under or by virtue of a contract with the owner or the owner's agent, trustee, receiver, contractor, or subcontractor.

The lien secures payment for the labor done or material furnished for the construction or repair.

If you believe the work is not satisfactory or not finished, it may be wise to write the contractor a letter to that effect and notify him that you do not believe he has fulfilled the terms of your agreement. You could give him a specific period of time to fix the situation and if he does not, you could hire another contractor to complete the work.

If the contractor proceeds with a lien on your property, then you may have a claim for slander of title or a claim to vacate the lien. It would something to explore with a local attorney familiar with constructin law issues in Texas.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who pays if a contractor makes a mistake?

Generally, the contractor is responsible for correcting mistakes they make in their work. If the contractor fails to fix the issue, you may have the right to withhold payment until the work meets the agreed standards. If the mistake leads to additional costs, you may also seek compensation. Always check your contract for specific terms regarding mistakes and remedies.

How to sue a contractor for not finishing work?

To sue a contractor for not completing work, start by documenting the unfinished work and any communication with the contractor. Review your contract for breach terms. You may need to send a demand letter requesting completion or compensation. If the contractor does not respond, you can file a lawsuit in small claims court or a higher court, depending on the amount involved. Consulting with an attorney is advisable.

How do you deal with an unresponsive contractor?

If a contractor is unresponsive, start by reaching out through multiple channels, such as phone, email, and written letters. Document all attempts to communicate. If they still do not respond, consider sending a formal demand letter outlining your concerns and requesting a timeline for resolution. If they remain unresponsive, you may need to consult with an attorney or consider hiring another contractor.

What happens if you pay a contractor and they don't do the work?

If you pay a contractor and they do not perform the work, you may have grounds to pursue a refund. Document your payment and any communication regarding the work. You can start by contacting the contractor to request a refund. If they refuse, you may need to file a complaint with the state licensing board or take legal action, depending on the circumstances.

Do you have to pay a contractor if they don't finish the job?

Typically, you are not obligated to pay a contractor in full if they do not complete the job as agreed. You may withhold payment until the work is finished to your satisfaction. Review your contract for specific terms regarding payment and completion. If the contractor demands payment, document your reasons for withholding it and consider seeking legal advice.

How long does a contractor have to fix something after?

The time a contractor has to fix issues depends on your contract and the nature of the work. Generally, you should provide the contractor a reasonable timeframe to address any problems. If the contract specifies a timeline for repairs, they must adhere to that. If they fail to fix the issue within the agreed time, you may consider further action, such as hiring another contractor.