Hired worker did not do job and is demanding payment

UPDATED: Oct 1, 2022

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Hired worker did not do job and is demanding payment

Posted on Craigslist wallpaper pasting on ceiling of house for 250 upon
completion. Found a worker today to post wallpaper on ceiling of house. He came
and worked for about two hours but found out the wallpaper paste wont work until
he sands the ceiling, at which point he left and said he would do that tomorrow. No
work was completed today besides the effort he put into finding that his work was
for naught. I decided to get wallpaper pasting advice from another worker and found
out that the first guy hadnt done any of the job he needed to do sanding, cleaning,
priming ceiling before posting wallpaper. I hired the second contractor and asked
first worker not to come anymore. First worker says he will sue me for the work.
What can i do?

Asked on August 28, 2018 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If he did not do the work, he is not entitled to the money: if he would not do the job, even if because it entailed more work than he thought or wanted to do, you don't have to pay him. There was an agreement between the two of you, even if only an oral (unwritten) one, under which he would do the work for pay; if he could not or would not the work, he has violated that agreement and is not entitled to be paid. Unfortunately, that does not stop him from suing, since the courts do not pre-screen lawsuits to see if they are valid; so if he sues you, you will have to spend time and effort responding to the suit. While you would appear to have a valid defense in court, since he did not do what he needed to, you may wish to try to settle with him--maybe offer him $100 in settlement in full?--to avoid the trouble and time and effort of litigation. If you do settle the case, get his agreement to the settlement in writing in advance before you hand over any money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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