What to do if my husband was subcontracted by a contractor to do a job but the contractor has not yet paid him the remainder of the money?

He finished the job and the contractor called my husband to tell him that his secretary would give him a call. The secretary wanted his information to mail him a check. So my husband offered that he could pass by the office to pick it up. They denied that option ans said they will only mail it to him. I really don`t understand what the problem is. This contractor keeps giving my husband the runaround and nothing but excuses. My husband just wants his money so he does`t hove to deal with these people again.

Asked on March 11, 2014 under Business Law, Texas

Answers:

Brook Miscoski / Hurr Law Office PC

Answered 6 years ago | Contributor

I'm assuming that your husband did work to improve or repair property. If that's the case, under the Texas property code your husband may have a lien against the property for the value of his work, less any amount he was actually paid.

To recap: While it's true that your husband has a claim against the contractor for breach of contract, it may also be true that your husband has a lien against the property. 

The main reason I say "may" is that your husband may have executed an unfavorable lein waiver, and the situation may be different if your husband's work was not to improve or repair property.

 

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

About the only thing you can do is for your husband to sue the contractor for breach of contract.  Generally, attorneys fees are awarded to the prevailing party in a contract dispute.  You will want to hire an attorney to sue the contractor, hoping to recover those fees when you prevail in the litigation.  If your husband has a written, signed contract, your attorney should be able to prevail on a motion for summary judgment, unless there is some problem with the work performed by your husband.


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