ABC Construction Contractors with addresses at two locations: 2814 Louisville Avenue and 1535 Bob Goalby Lane in El Paso, Texas agreed and signed a contract on 7/18/15 to refurbish existing pool to be completed in 14 days. On 7/25/15 an amendment was agreed and signed for a surrounding fence enclosure, removal of existing equipment. $5,750.00 was paid to the contractor on 7/25/15 to start the project. Although not as agreed by the contract, an additional $1825.00 was requested to order the pool equipment from FM Pool Center and this was paid on 8/17/15. On 9/1/15, an additional $1700.00 was paid to the contractor for workmanship costs of retaining wall. Today, 10/10/15, only a substandard pool decking with multiple flaws, a shoddy retaining wall which bulging out and may collapse and installation of tile have been completed. The contractor has removed all his work equipment from our residence and has stopped all work because he cannot proceed with work until he is provided with additional money to complete the project. The sum total paid out to Jesus Marquez is not equivalent to the poor quality and the less than 30% of work that has been completed thus far. According to the terms of the contract signed on 7/18/15. the balance was to be paid in full when the refurbishing of the pool was completed. The contractor contends that clause in contract protects him: u201cAny alterations or deviations from the above specifications involving extra costs will be executed upon verbal communication with the owner and applied as a separate charge over and above this contract. Any unpaid balance must be paid within 3 days of demand for payment from completed job invoice. Owner default will be subject to all attorney court costs, litigation fees or collection fees, interest and administrative costs.u201d Little did we know that the monies paid to the contractor for our project were payments for supplies and work for another existing consumeru2019s uncompleted project, back child support payments, payment for medical care expenses for his workeru2019s arm injury and hospitalization payment for contractoru2019s pulmonary disease problem flare up that contractor reports as a occupational acquired condition. In addition, contractoru2019s traumatic brain injury, history of rehabilitation, recent divorce, child support demands, his workeru2019s injury, hospital expenses and recent death in the family were all reasons given for delays and reasons why equipment and work could not be completed and why he has justified the needed additional monies to complete the project.
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