Breach of contract
05-17-2010, 09:18 AM
#16
Pistol.....not to be negative, but did this guy take out a building permit? If not or if you are even in a verisdiction whech requires one.....(although the State of TX now requires at least three inspections).............they will now probably charge you double the permit fees. Also, if one is required and you have not taken one out, they could (and I have witnessed this) make you tear the complete stucture down. (including slab) You may be getting letters of intent to lien (suppliers just protecting their lien rights if they haven't been paid). I wish the State of Texas would require General Contractors to be licensed and regulated, this would get rid of these fly by night "tailgate" contractors. The only way you would be responfible for labor is if he went through a leasing company for his labor( they then would be treated like any other sub, and they could file a lien on your property).
05-17-2010, 10:15 AM
#18
Just a plain ole guy
We don't need permits where I live in TX to build anything. When our house was being built, we got lien releases from every person that walked onto the sight before they lifted a hammer, except for one painters helper. He worked one day and went to the county office and filed a lien for thousands of dollars in unpaid labor. The clerk told us he does that almost weekly. We were able to find a shyster lawyer to scare him enuff with legal words to sign a release and drop it.
All of our materials were paid by us, receipts handed to us. All we paid to anyone was labor. A lumber yard can and will place a lien on your dirt and poles and even the wheelbarrow if they haven't been paid for it.
As said above, your most likely stuck. If he's willing, get receipts where he has paid for whatever material on your site. Receipts from the vendor, not his hand written receipts. Make sure you have paperwork dismissing the contract or years later he might show up demanding the rest of his $$$.
My wife worked for a lady in a hair shop right after she got licensed, and that lady hired a guy to add a bedroom and bath onto her house. Paid him $30,000 up front, which was the entire amount. The guy came with good references and even went to her church, so she trusted him. Had no contract, just an agreed price. He started the work, all with used material, then suddenly moved to Florida. She was able to get his Texas license revoked but until he moves back to Texas, she can't do anything more.
Other than that, good luck. Hopefully you'll get it all worked out in the end.
All of our materials were paid by us, receipts handed to us. All we paid to anyone was labor. A lumber yard can and will place a lien on your dirt and poles and even the wheelbarrow if they haven't been paid for it.
As said above, your most likely stuck. If he's willing, get receipts where he has paid for whatever material on your site. Receipts from the vendor, not his hand written receipts. Make sure you have paperwork dismissing the contract or years later he might show up demanding the rest of his $$$.
My wife worked for a lady in a hair shop right after she got licensed, and that lady hired a guy to add a bedroom and bath onto her house. Paid him $30,000 up front, which was the entire amount. The guy came with good references and even went to her church, so she trusted him. Had no contract, just an agreed price. He started the work, all with used material, then suddenly moved to Florida. She was able to get his Texas license revoked but until he moves back to Texas, she can't do anything more.
Other than that, good luck. Hopefully you'll get it all worked out in the end.
05-17-2010, 12:24 PM
#19
There is no license in TX for a GC. Only license required is for electical, mechanical and refrigeration. Tx still requires 3 inspetions for your building no matter where you live, incorperated or unincorporated, with no local inspection requirements or not.......new law).
05-17-2010, 03:43 PM
#21
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We are outside of the city ... no permits required.
I did some fact checking on what the guy said he has into the material and he was right on the money. I'm taking that as a good sign ... he's still answering my phone calls and isn't lying about the cost of the lumber .... I called the lumber supplier and while he didn't "officially" give me any details about the transaction ... he did tell me enough that I know the bill has been paid (...and the last 4 of the credit card used, and the address of the contractor ... and ...).
Will be meeting with him tomorrow evening ... he said he is at the hospital with his elderly mom today ...
If there was music playing ... this would make one heck of a Top 40 country song !!
Cheers,
PISTOL
I did some fact checking on what the guy said he has into the material and he was right on the money. I'm taking that as a good sign ... he's still answering my phone calls and isn't lying about the cost of the lumber .... I called the lumber supplier and while he didn't "officially" give me any details about the transaction ... he did tell me enough that I know the bill has been paid (...and the last 4 of the credit card used, and the address of the contractor ... and ...).
Will be meeting with him tomorrow evening ... he said he is at the hospital with his elderly mom today ...
If there was music playing ... this would make one heck of a Top 40 country song !!
Cheers,
PISTOL
05-17-2010, 04:33 PM
#23
I am telling you the State of TX has passed a new law requiring at least 3 inspection to be completed if you are building in TX(any where in TX).......I am a licensed home inspector in TX, and that was a major requirement pointed out to us.
05-17-2010, 04:45 PM
#24
Just a plain ole guy
At the risk of hijacking this thread......The ONLY inspections I've ever seen are by the lender, keeping track of what value for the $$$ they've got into it so far. There was no lender on both of the houses we built. Cash only. No permits, no inspections. Well one inspection. The meter can and main service entry got a 1/2 second glance by the electric coop lineman that ran the power feed. No other. Wood flooring is actually beginning installation in the second house today. Flooring and baseboards is all that's left and it'll be complete, with no inspections or permits.
05-17-2010, 05:19 PM
#26
At the risk of hijacking this thread......The ONLY inspections I've ever seen are by the lender, keeping track of what value for the $$$ they've got into it so far. There was no lender on both of the houses we built. Cash only. No permits, no inspections. Well one inspection. The meter can and main service entry got a 1/2 second glance by the electric coop lineman that ran the power feed. No other. Wood flooring is actually beginning installation in the second house today. Flooring and baseboards is all that's left and it'll be complete, with no inspections or permits.
05-17-2010, 05:55 PM
#27
05-17-2010, 06:58 PM
#28
Just a plain ole guy
Link looks great, but I'm telling you there are no inspections or permits required. The power company put in the power, the septic man did his thing, the county shows both houses and my shop on the tax rolls. I'm sitting in my living room that was never permitted or inspected typing this.
05-17-2010, 08:11 PM
#29
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Yep ... my house was built less than a year ago with no formal inspections other than the ones I did as a buyer. I was out here almost every day to catch anything I could.
Cheers,
PISTOL
Cheers,
PISTOL
05-17-2010, 09:16 PM
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another case of laws that with not enough manpower to inforce them. the local inspectors received physical threats from the good ol boys that didn't think they needed to have inspections in NM. so Deming brought in building officials from out of state or at least out of the area.