Help! In desperate need of legal advice...

[Strawfoot]

Thank you Eric. Today we meet with the lawyer to draft a letter saying they've violated the Texas Deceptive Trade Practices Act, because they never informed us there was a difference in what was poured into the deck and what we paid. We overpaid on the deck by about $1600, plus another $900 that we paid for a fence they did not put up. Deck was poured in November.

I am not sure if the decking company has ACTUALLY placed a lien against our home, or if they were just threatening to do so. I'm going to check on that today also.

Wish us luck!


Mike

[chazas]

I had a similar situation with the last pool I built.

The contractor arranged for plaster, but the plaster job was bad, and he hadn't finished several other things. I had trusted him with a "final payment on day of plaster" clause but I refused to pay more than half of the full amount until the problems were fixed. He went ballistic.

The next day he showed up with the police to try to remove the pool equipment from our yard, as per the kind of language you're talking about. When he told the police we were holding "his equipment," they thought he meant his tools and construction equipment. When we pointed out that it was installed pool equipment for which we had already paid, the police (somewhat chagrined) backed off. We told the police we were willing to pay half of the remaining amount and the other half as soon as the problems were fixed - I actually had the check in my hand. The builder refused.

Of course, he had to take us to court to try to realize on what was, effectively, a security interest in the equipment. He didn't hire a lawyer up front so he filed the wrong kind of lawsuit - which as a lawyer I was able to recognize and promptly remove it to a more senior court with a much more expensive, and longer, litigation process. He also failed to file a mechanic's lien, so I published the required notice of completion and when the time period was up he couldn't do that. By the time he actually consulted a lawyer it was too late.

After over a year we settled and he only got part of what he wanted. He never did finish - we had to hire someone else to do it.

The moral of the story is, consult your lawyer, listen to what he or she has to say, and don't be bullied. The contractor can't just show up and start removing pool equipment. You can have him arrested for trespassing if he does so without a proper court order.

[CarlD]

My brother's closest friend is a pit bull of a criminal lawyer who had a kitchen remodeler pull that nonsense on him. He did a lousy unfinished job but wanted his money and sued. By the time they were done the contractor had to pay HIM three grand!

[webfeet]

I understand what you are facing. Just read some of my threads. I am in the process of suing my PB at this time. I am in south Arkansas, PB is out of Monroe, LA. The suit is filed in Monroe. My attorney practices in both LA and AR. I still have $5800.00 of PB money, but I need more than that to fix the mess he's made.
Best of luck. Keep us posted. Webfeet

[Jeffski]

Great advice from everyone. I will only add that the lien doesn't really mean squat until you try to sell your house, which I'm assuming you aren't going to do since you just put a pool in. Don't lose sleep or let him bully you with that. You can get the lien released (if he can even get one) after you resolve the money part of this. Sounds like a court date is in your future. Good luck and stick it to him.

[Strawfoot]

Great advice from everyone, thank you!

We are at a point where the pool is completed enough for us to enjoy and we are going to small claims court to either A) drive these snake oil salesmen out of business, or B) recoup some money.

It is really not a bad looking pool, I'll post some pics later. The guy who built and designed the pool quit their company because he wouldn't work for free, and they have pretty much sent out gomers to do any follow up maintenance.

The liens from the subs are no longer an issue, though they still have a mechanics lien against us from when the job started. We ALMOST have our backyard in shape, and we are fixing to go round and round in small claims to recoup the money we spent to bring everything up to code. Gas, plumbing and water for the cabana got green tagged today, after we took out the permit in our named and re-subbed out the work!!! Electrical is next.

Thanks to all of you. Do NOT do business with Backyard Fantasies of Haltom City/Grapevine TX, as they are anything but such...


Mike
Arlington, TX

[cleancloths]

I had problems with a contractor once, but he learned a few important lessons. I insisted when we signed the contract that it have penalty clauses, otherwise I would not do business with him. For each day past a set date he had to pay me $100 a day until the job was completed. Further, when he got slow I insisted that I pay his subs directly and deduct that amount from anything I owed him. Finally, in our town it is illegal (yes illegal) for a homeowner to make a final payment to a contractor until the town approves the job. This gives you added protection.

[gverntz3]

PB left and never finished the job. Hired an attorney and in the intermin the PB filed bankrupcy. Had no choice, but to accept 10 cents on the dollar that he owe me to finish the pool. The money I received from the PB was used to pay for my attorney and filing fees. No one wins!!!

[handy1]

We too had a problem, not with our pool remodeler but with the stamped concrete decking company who were total idiots (we won't even attempt to talk about that.)

Remember, if you are using a licensed contractor (and you should ALWAYS do that) you also have recourse with the state's department of licensing & regulation. Licensed contractors are required to post a bond, which will get you at least part of your money back even if they fold.