Getting $ back from contractor who didn't work

D

Dude

1,000+ Posts
Got an estimate from a guy to do some work at my casa. I paid him half up front and he started the work, but then hasn't been around to finish it. I called to see what the delay was and he says he can't finish the work, he's got all kinds of reasons (excuses). Bottom line is he's got my money and he will not be doing the work. How am I supposed to get my money back?

I can call the BBB and file a complaint, but that doesn't get me any cash in my pocket. Any ideas, experiences would be appreciated.
 
Sorta, there is a written estimate which details the work and has the price. It shows that the down payment was made and is signed by the guy.
 
Get nasty NOW!

Give him three days to either come up with the money or come out and finish the work or you are going to Travis County and see that he is charged with fraud.

Tell him you are not going to **** around with either small claims court or the BBB just that you will make sure eventually when he does get pulled over he will end up in jail.
P>S> ----- TAPE ALL CONVERSATIONS with the guy as it is legal for you to do so in Texas.

Good luck but without the treat of criminal action i doubt you ahve any chance of seeing even a dime.
 
Don't know about Texas, but here in sunny California, it is a crime for a contractor to ask for/receive more than 15% up front. We also have a pretty strong Contractors State License Board.

If Texas has anything similar, a contractor is bonded. Go after his bond.
 
Actually, in Texas you pretty much have no recourse whatsoever for anything a builder does. If he rapes your daughter, you might be able to arbitrate that dispute, but it would have to first go before a commission that doesn't even exist.
 
Go toThe Link and become familiar with the new law. Builders are now required to be registered with the state. I think your only real leverage is explaining to him that if he doesn't refund the money, you'll file a complaint and he could lose his livlihood. Not likely to work, but it has for a couple of people that consulted me on small jobs. The small contractors generally don't know enough to know that the comm'n was already bought to protect them.
 
Isn't it fraud to take money for a service and then not perform the service?

I guess the only other alternative is to picket the guys house. Perhaps a sign that reads....

"If (insert his name here) raped my daughter I would have more recourse than his simply stealing my money by not performing the construction work paid for and promised..."

Most of his neighbors will probably only link the word Rape to his name....
biggrin.gif
 
Get a construction attorney to make his life unpleasant for a while and he will give you your money back or he will finish the job.
 
half up front ????? Sorry dude, but that is a life-lesson for ya. Nobody gets half up front and that includes Heather Locklear.
 
You're hosed - all the laws are set up on the contractor's side. Even if you get a judgment against the *******, good luck on collecting on it. Sometimes the threat of legal action can scare these guys, so I'd at least try that. One thing that you might try just out of spite is getting the judgment and then turning it over to a collection agency. You won't end up with much, if any, money back, but I bet the collection agency could screw with the guy.

And if something unfortunate were to happen to said contractor, like you confusing the gas pedal with the brake pedal, maybe I'll be on your jury.
 
Actually, there is a new law in Texas that requires (for jobs over $5k)l monies to be deposited into a Construction Trust Account. I do not have a link to this but I am sure with a little googling you can find it.
 
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