What to do ifI am being sued by a contractor who never finishedthe job that it was hired to do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
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.