It’s a common and frustrating scenario: you hire a contractor, pay them a deposit, and they start the work – only to disappear before the project is done. In Texas, homeowners and small business owners have several legal remedies when this happens.
1. Review Your Contract
Start with the written agreement. Most construction contracts should outline the scope of work, payment schedule, deadlines, and dispute resolution terms. If the contractor violated those terms, they may be in breach of contract.
2. Document Everything
Take photos of the incomplete work, keep copies of texts and emails, and write down a timeline of what happened. This documentation will be key if you pursue legal action.
3. Provide RCLA Notice
If the contractor performed any residential construction work, the Texas Residential Construction Liability Act (RCLA) may apply. Before filing a lawsuit, homeowners must send a written notice describing the issues and allow the contractor 35 days to inspect the property and 45 days to offer a remedy. This RCLA notice is a critical step and must meet specific requirements.
4. Send a Demand Letter
In addition to the RCLA notice, a formal demand letter from an attorney requesting completion of the job or return of funds often prompts a response. If the contractor doesn’t comply, the next step may be a lawsuit.
5. Consider Filing Suit
You may have a claim for breach of contract, fraud, or even violation of the Texas Deceptive Trade Practices Act. Your attorney can help you evaluate the issues and determine the best strategy.
6. Lien Considerations
Be aware: a contractor who partially performed may still file a mechanic’s lien. If you receive notice of a lien, it’s important to act quickly to dispute or resolve it.
Dealing with a contractor who disappeared mid-project? You don’t have to figure it out alone. Fields Law can help you take the right legal steps and fight to get your money back. Call us today at (512) 214-1771 to talk through your options.
