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John Jared Patout Jr.
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John Patout’s Answers

31 total

  • A roofing company attempted to tear my roof off for non payment. Is this legal and what type of attorney do I need?

    A roofing company that I hired to do my roof did a shoddy job. They refuse to fix the work and I refuse to pay for work not done correctly. They continue to come to my home and this time threatened to take my roof off.. they had a latter out and t...

    John’s Answer

    I concur with the previous comments. You will need to hire a residential construction attorney in your area, but do not make the matter worse by creating liability for yourself; vis-a-vis a threat of violence. That said, given the nature of the construction, it is very unlikely that the contractor's attempted removal of the roof would be lawful. This is further complicated by whether or not this property is deemed a homestead, and whether or not lien rights have been asserted. Regardless, I would not delay in speaking with an attorney, both to preserve your rights and remedies, and to prevent further damage/issues.

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  • Can I put a lien on a rent house or what can I do

    I worked for a contractor on a rent house and he only paid me $250.00 of the $2,250.00 he owes me. Now he is avoiding me & won't answer my calls or text for weeks now. I have been told there is nothing I can do that wouldn't cost me more than what...

    John’s Answer

    You very well may have lien rights, but there are strict deadlines and strict filing requirements. As such, I would contact a local construction attorney that offers free consultations as soon as possible to discuss. Regardless, you nonetheless very well may have claims for non-payment and possibly others. Unfortunately, from your question there are additional facts that will need to be ascertained to determine the full extent of your claims, and who the possible liable parties are. Again, I would contact a local construction attorney.

    That said, do not let the amount owed by the contractor deter you as recovery of attorneys' fees may be feasible. While you may expend more in attorneys' fees upfront, recovery of the fees may offset that.

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  • I signed bath remodel contract and gave $2k deposit. Later found another contractor for 1/2 price. Can I get full deposit back?

    I own a rental property in Houston. On Wednesday 4pm I signed a contract @ contractor#1 home-office, gave a $2k deposit for $5.4k bathroom remodel. They said they would start the work on Saturday at the latest.Time was important I needed it done f...

    John’s Answer

    I agree with my colleagues in that the contractual provisions will dictate any liquidated damages (withheld deposit) that the contractor may retain. Likewise, a "time is of the essence" contract that is delayed may be enough to repudiate the contract. That said, $1,000.00 is often a small price to pay to avoid full blown litigation. Unfortunately, without reviewing the contract and the full extent of the parties' correspondence/interactions, it is very difficult to give you sound advice. As such, I would recommend seeking an attorney in your area immediately.

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  • I signed bath remodel contract and gave $2k deposit. Later found another contractor for 1/2 price. Can I get full deposit back?

    I own a rental property in Houston. On Wednesday 4pm I signed a contract @ contractor#1 home-office, gave a $2k deposit for $5.4k bathroom remodel. They said they would start the work on Saturday at the latest.Time was important I needed it done f...

    John’s Answer

    I agree with my colleagues in that the contractual provisions will dictate any liquidated damages (withheld deposit) that the contractor may retain. Likewise, a "time is of the essence" contract that is delayed may be enough to repudiate the contract. That said, $1,000.00 is often a small price to pay to avoid full blown litigation. Unfortunately, without reviewing the contract and the full extent of the parties' correspondence/interactions, it is very difficult to give you sound advice. As such, I would recommend seeking an attorney in your area immediately.

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  • I paid my builder in advanced, to build the 2nd stage of my house and has stopped the building process. What can I do?

    We have a contract and I have receipts to perform services. He has excuses each time why he has done very little to proceed.

    John’s Answer

    I agree with the previous answers. Contact a construction attorney in your area to review the contract. It will likely, or should, dictate the remedies and procedures that you have available. There are also statutory concerns that will need to be taken into consideration.

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  • Does a superintendent have the authority to approve change orders

    I was a sub contractor for a remodel for a gap store and when I turned in the changer orders the prime contractor told me that the superintendent they hire has no authority to approve any change orders. The super was fired half way into the projec...

    John’s Answer

    Your contract most likely, or at least should, dictate the terms for how change orders are submitted and approved. That said, the terms vary greatly across construction contracts. If there are no terms or the terms are vague, then it would depend largely on the role of the individual signing the change orders. In sum, you will need to contact an attorney in your area to review your contract and discuss other alternatives with you. You may have claims against the parties "upstream" from you, like the general contractor and owner.

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  • A contractor that I had to fire recently sent me an email that he was going to file a lien on my home after I fired him.

    I hired a contractor to do some renovations. Of the 7 days scheduled to work, they did not show up on 3. I finally fired them. The tub project is ½ done. I have since learned that his plumber did not complete the water pipe job & some of the w...

    John’s Answer

    I agree with my colleagues. It is very difficult to outright prevent and/or stop someone from filing an affidavit claiming a lien, regardless of whether said lien is actually valid. Further, Texas lien laws remain some of the most complicated in the nation. I would highly advise you to seek out a construction attorney in your area that can review the contract and the correspondence to date. Liens are highly technical and hinge upon many factors, especially as they apply to residential and homestead properties.

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  • I gave a fortune teller $3,000 for a love charm.

    She was going to purify it and give it back. She never gave it back. What do I do?

    John’s Answer

    More information is needed to properly advise you. What is the timeline for the various transactions resulting in her refusing/failing to return the charm? From you question it is unclear who initially owned the charm. Did she own it and agreed to sell it to you, or did you own it and then gave it to her voluntarily at which point she refused/failed to return it? Also, what is the actual value of the charm?

    In sum, quite a bit more information is needed, but as my colleague previously stated, your best bet is to at least attempt to resolve the issue with the other party initially. If that fails then I would reach out to a consumer attorney in your area. You can easily find one on Avvo.

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  • How do we get our pool contractor to deliver the table for our pool and fix the crack in the plaster ? Not returning messages.

    .It has taken them 8mths to complete an 8 week project with a lot of do overs, In September I e-mailed the contractor about a crack in the wall of the pool, I have heard nothing on getting this fixed.Our contract reads we are supposed to get a tab...

    John’s Answer

    I agree with my colleagues. You have been more than patient with the contractor, and if the contractor is now avoiding contact with you then the situation is very likely to get worse. I would contact an attorney in your area to send a demand letter to preserve your DTPA rights as they apply to the notice requirements. Likewise, you'll need to have an attorney review your contract. In construction cases time is almost always critical so I would advise you to contact an attorney very soon.

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  • I HAVE A CONTRACT FOR A FENCE TO BE DONE BY AUGUST 31 2013.THE FENCE HAS NEVER BEEN COMPLETED..IS THE CONTRACT NOW VOID ?

    CAN I sue them

    John’s Answer

    For the most part I agree with the various answers/comments posted thus far. Void is a term of art in legal terms and the vast majority of the time simple nonperformance will not void a contract and/or prevent any and all recovery. For instance, theories of recovery such as quantum meruit are common in construction cases in Texas. That said, without reviewing the terms of the contract and fully understanding what transpired, it is extremely difficult to give any meaningful advice. As my colleagues have stated, you will need to speak to a construction attorney in your area.

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