What to do ifI am being sued by a contractor who never finishedthe job that it was hired to do?

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What to do ifI am being sued by a contractor who never finishedthe job that it was hired to do?

I received a letter from a lawyer representing a company who was hired by me to do repair water damage and replace my floor. This was 16 months ago. The company made promises that the work would be finished in 2 weeks but the job was never completed. After trying to get the company to come back and complete the job, I gave up. They fired the project manager that was in charge of my job and I could only talk to a receptionist who would only say that I needed to pay them. I have never received a bill from this company but now they have contacted a lawyer to collect money. Should I get a lawyer? Is it possible to countersue for never having the job completed?

Asked on September 24, 2011 under Business Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could sue the company for breach of contract for failure to complete the water damage repairs and replacement of the floor. 

You can either file your lawsuit now or you can wait until you are served with a summons and complaint (complaint is the lawsuit attached to the summons) by the company.  You will then need to file an answer to the complaint and a cross-complaint.  The answer to the complaint (lawsuit filed by the company) denies the allegations in the complaint.  Your cross-complaint is your countersuit for breach of contract.

It would be advisable to be represented by an attorney.

 


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