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Looking for attorney specialing in residential construction in Houston? TX. Extensive list of breach of contract by GC

I am a homeowner currently building a home waterfront in the amount of $500,000 on Galveston Bay in Texas. I have an extensive list regarding breach of contract by GC/Architect (my Architect is ALSO my GC). Architectural negligence, NO change orders/deletions to entire home to date (project began Oct 2019), Missing/Incorrect invoices given to bank, structural work is not to code/failed and he is covering mistakes with material without fixing, threatening general conditions on homeowner due to GC delays, threatening homeowner with litigation due to architectural mistakes, etc... Looking for an attorney who is seasoned in construction contracts in order to be able to rid ourselves of this GC so we can attempt to finish the house properly. The project barely has hardie board siding completed to date and framing has been completed for 7 months. Extensive weathering damage has occured, and GC refuses to properly address. What is the procedure to firing GC? Who is at loss if the project was underbid by GC? Bank has not properly audited all paperwork either.

2 replies

Jun 19, 2020

I'd be happy to discuss this matter with you. If you reach my office at 281-762-1377 we can get a conference or in-person meeting set up. Very best, Ben House 281-762-1377

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Jun 23, 2020

Hello, Your remedies and the proper procedure to fire your general contractor will depend on the language in your construction contract. From the facts provided it appears you have good cause to terminate the general contractor, which should be done in writing, even if the contract does not require it to be done in writing. Generally, if a general contractor underbids the project, there should be a procedure for change orders in your contract. This allows a general contractor to make modifications to the bid amount for the project, but once a project price is agreed to in the contract, that is the price to be paid for the scope of work listed in the contract absent modifications. You need to have an attorney review your contract in this situation, the next steps and strategy depends heavily on the specific terms contained therein. Feel free to reach out to me directly if you would like to set-up a free consultation and I can look over your contract. Thanks, Kelly Stamy Associate Attorney 8431 Katy Freeway Houston, TX 77024 Tel: (713) 715-7334 KStamy@TheCromeensLawFirm.com www.TheCromeensLawFirm.com Privileged Attorney-Client Communication and/or Attorney Work Product: The above message and attachments, if any, are confidential and may be protected by the attorney/client privilege and/or attorney work product. The unauthorized disclosure, use, dissemination or copying of this e-mail, or any information it contains, by anyone other than the intended recipient, is prohibited. If you are not the named recipient, or have otherwise received this communication in error, delete it immediately and notify the sender at the office number listed above or by return email.

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