What to Do When a Contractor Botches Your Remodel

A homeowner whose contractor performed defective work in Texas has legal claims for breach of contract, breach of the implied warranty of good and workmanlike performance, negligence, and — where false statements were involved — violations of the Deceptive Trade Practices Act. San Antonio construction defect lawyers pursue these claims for homeowners left with unfinished additions, failed tile, non-functioning systems, and work that will not pass inspection.

Remodel disputes escalate quickly because money has already changed hands. Construction defect attorneys in San Antonio hear the same sequence: a substantial deposit, a strong start, mounting change orders, then declining site presence and unreturned calls. Recognizing that pattern early and documenting it properly determines how much you recover.

Texas does not license general contractors at the state level, which means anyone can hold themselves out as a remodeler. Specific trades are regulated — plumbers, electricians, and HVAC contractors must be licensed — and using an unlicensed trade creates additional exposure for the contractor who hired them.

Document Before You Confront

Evidence gathered before the relationship turns adversarial is the most valuable evidence in the case. Photograph the current condition of all work with dates. Assemble the contract, every change order, all invoices, proof of each payment, and the complete text and email history.

Request the permit history for your address from the city, since work performed without a required permit is strong evidence of substandard practice and often voids insurance coverage. Note which subcontractors worked on site and their company names, because they may hold separate liability and separate insurance.

Do not let the contractor remove materials, tools, or documents from the site during a dispute, and do not permit destructive corrective work before conditions are documented.

Understand What You Actually Agreed To

Read the contract for the provisions that will govern the fight: the scope of work and what it excluded, the payment schedule and whether you paid ahead of progress, warranty terms, notice-and-cure requirements, attorney’s fee provisions, and any arbitration clause.

Notice-and-cure provisions matter most. Many contracts require written notice and a stated opportunity to correct defective work before the homeowner may terminate or hire a replacement. Firing a contractor without following that clause can convert your claim into their counterclaim.

Mechanic’s Liens on Your Home

A contractor or supplier who is not paid may file a mechanic’s lien against your homestead, which clouds title and can block a sale or refinance. Texas imposes strict requirements for residential homestead liens under Chapter 53 of the Texas Property Code, including a written contract signed by both spouses before work begins, filed in the county real property records.

Many homestead liens fail those requirements and can be removed. If a lien has been filed against your property, treat it as urgent — deadlines to contest are short, and an invalid lien left in place still functions as a practical obstacle to selling or borrowing.

Adding a DTPA Claim

Where a contractor misrepresented qualifications, materials, timeline, or the work performed, the Texas Deceptive Trade Practices Act adds remedies a contract claim does not offer. Claiming licenses or insurance not held, billing for materials never installed, and promising a completion date known to be impossible all fall within the statute’s prohibited acts.

A knowing violation permits up to three times economic damages plus mental anguish damages, and the statute awards attorney’s fees to a prevailing consumer. That combination changes the economics of a $30,000 dispute enough to make resolution realistic where a contractor would otherwise simply refuse to engage. The DTPA requires its own written notice 60 days before suit and generally carries a two-year filing deadline.

Verify Insurance and Assets Early

A judgment is only as good as the ability to collect it. Request the contractor’s certificate of general liability insurance and contact the carrier to confirm the policy was in force during your project. Check whether the business is a registered entity in good standing with the Texas Secretary of State and whether it operates under multiple names.

Where the contractor is judgment-proof, focus shifts to other recovery sources: the liability insurer, subcontractors who performed the defective work, suppliers of defective products, and in some circumstances individuals who made personal misrepresentations. That analysis should happen before you invest in litigation, not after.

Repair Costs and Mitigation

Texas requires an injured party to mitigate damages, which means you cannot let a leaking roof destroy the interior while waiting on a lawsuit. Necessary protective work should proceed, documented thoroughly with photographs and invoices.

Get multiple written bids for corrective work from qualified contractors, and have a licensed engineer evaluate anything structural. The cost to correct defective work — including demolition of what was built wrong — is the core damage measure, and an engineer’s scope carries far more weight than a competing contractor’s bid alone. Homeowners dealing with resulting structural or foundation damage should have that assessed separately.

Talk to a San Antonio Attorney

Contractor disputes rarely improve with time, and both the evidence and your filing deadlines erode while negotiations drag. If a remodel or repair project left your San Antonio home damaged, unfinished, or worse than before, have your contract and your documentation reviewed. Learn more about the Law Office of Bryan A. Woods or call (210) 824-3278.