Need help. What is my rights?

[MAT2022]

Guys

Not looking for legal advice. What are my options with a pool builder that has not finished my project after 1 year?

Nothing in contracts but I have tons of emails and text messages from them saying 2 months max

Please help.

 

[sktn77a]

Need more details. What has been done, how much has been paid, what remains to be done?

 

[JamesW]

Not looking for legal advice.

Yeah, you kind of are looking for legal advice.

You probably need a lawyer to advise you.

Maybe contact the local "On your side" news station and ask them to help.

 

[JoyfulNoise]

No contract = you need a lawyer.

Texas is not a state to do that kind of work in without a written contract. So you now need a lawyer to advise you on what avenues are left. Simple plumbing job, install an AC, paint some siding … that’s all good with a spit & handshake deal … Building a pool, not so much.

Sorry, I read that as you didn’t have a contract when it looks like what you said is that the schedule or completion date wasn’t in the contract … see what @JamesW wrote below he is spot-on

 

[JamesW]

Certain things really have to be in writing.

You don't have a "pool" problem, you have a legal problem.

There are many places that you can contact like the local consumer protection agency for your city and state.

You can contact the contractor licensing department etc.

Statute of Frauds: Purpose, Contracts It Covers, and Exceptions

The statute of frauds is a legal concept that stipulates that certain types of contracts must be executed in writing to be valid.

www.investopedia.com

The problem is that you didn't make sure that you had details like schedules and quality spelled out with specificity and you did not specify what would constitute a breach of contract and you didn't specify what would happen in the event of a breach.

Your options are (In my opinion).

1) Keep waiting until the builder finishes the project.

2) Try various methods to force them to finish on your schedule.

3) Fire them and move on by getting someone else.

It seems like it has become adversarial at this point.

What do you think your options are?

 

[Toxophilite]

Certain things really have to be in writing.

You don't have a "pool" problem, you have a legal problem.

There are many places that you can contact like the local consumer protection agency for your city and state.

You can contact the contractor licensing department etc.

Statute of Frauds: Purpose, Contracts It Covers, and Exceptions

The statute of frauds is a legal concept that stipulates that certain types of contracts must be executed in writing to be valid.

www.investopedia.com

The problem is that you didn't make sure that you had details like schedules and quality spelled out with specificity and you did not specify what would constitute a breach of contract and you didn't specify what would happen in the event of a breach.

Your options are (In my opinion).

1) Keep waiting until the builder finishes the project.

2) Try various methods to force them to finish on your schedule.

3) Fire them and move on by getting someone else.

It seems like it has become adversarial at this point.

What do you think your options are?

For Texas, Statute of Frauds does apply to real estate sales, if not in writing, no contract exists, but for all else, if there's no written contract, the contract is considered verbal or handshake contract. All it takes for a contract is agreed consideration (payment) and agreed performance. But, with the situation with pool building, pay as you go, you could be left only challenging what part you have already paid for v. what part PB has performed or incurred cost. So, your #3 is really what comes to play if no work already paid for exists to be done. Are you breaking any agreement by firing the PB? But, the homeowner is protected here in that without a written contract, along with certain other prefatory documentation, there's no recourse the PB can take against the home with mechanic's liens.

I will add that the climate here, at least locally to me, has been getting more aggressive towards contractors not performing on upfront payment. With all the construction scamming going on, ponzi run contracting companies, a few have been brought to task. Lately, I have read where a few local contractors (loose word in Texas) have actually been charged, one was a pool builder charged with theft, and just a few days ago it was a cabinet builder.