What to do if I hired an unlicensed contractor for a remodel on a commercial location but he only did half of the demo and then ran off with the money?
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What to do if I hired an unlicensed contractor for a remodel on a commercial location but he only did half of the demo and then ran off with the money?
No contracts were signed; everything was verbal. I paid him by check, $1500 for demolition and $1200 for permits. Do I have enough evidence in my favor to take him to small claims court?
Asked on November 14, 2012 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Oral/verbal (that is, unwritten) contracts or agreements are enforceable, too--obviously, they can be more difficult to enforce in the sense that it will often come down to credibility of the parties if they disagree ("he said, she said . . ."), but assuming that you can show the terms of the agreement and that you complied with your obligations (e.g. paid what you should have), you should be able to enforce it. Small claims court, where costs are low, you can act as your own attorney, the procedures are less formal, and cases move more quickly, is a good choice: from what your write, it would be worthwhile filing a lawsuit. When you go to court, bring with you proof of all amounts you paid and photos of the work that has been done, to show its incomplete state.
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