Contractor Dispute Demand Letter Example

Dear Mr. Callahan,

We are writing to formally demand a refund of $8,500.00 for your failure to complete a kitchen renovation at our home as specified in our written contract dated September 8, 2025. This letter also serves as the required 60-day pre-suit notice under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), Texas Business & Commerce Code § 17.505(a).

The Contract:

On September 8, 2025, we entered into a written contract with you for a complete kitchen renovation at 8412 Magnolia Drive, San Antonio, TX 78216. The agreed-upon scope included: demolition of existing kitchen, new custom cabinetry, granite countertops, tile backsplash, electrical upgrades (including under-cabinet lighting), plumbing relocation for a kitchen island, new flooring, and all finish work. The total contract price was $28,000.00, with a payment schedule as follows:

— $8,400 deposit upon signing (30%) — paid 9/8/2025
— $6,600 upon completion of demolition and rough-in (paid 9/22/2025)
— $6,600 upon cabinet installation — NOT YET DUE
— $6,400 upon final completion — NOT YET DUE

Total amount paid to date: $15,000.00

Work Performed and Abandoned:

You began work on September 15, 2025. By October 10, 2025, you had completed demolition, rough plumbing, and partial electrical work. On October 12, 2025, your crew did not arrive. We attempted to contact you by phone, text, and email on October 12, 13, 15, 20, and 28. You responded once on October 15 claiming a "scheduling conflict" and promising to return "next week." You never did.

We sent a written notice to your business address on November 5, 2025, giving you 10 business days to resume work or provide an explanation. That letter went unanswered. As of this date — over 100 days since work stopped — our kitchen remains gutted, non-functional, and in an unsafe condition.

We retained a licensed contractor, Maria Sandoval of Sandoval Home Solutions (TX License #RBC-44821), to inspect and assess the completed work. Her written assessment valued the work performed at approximately $6,500.00. Additionally, she identified code violations in the partial electrical work that will require an estimated $1,200 to remediate.

Damages:

— Amount paid: $15,000.00
— Value of work completed: ($6,500.00)
— Net refund owed: $8,500.00

This figure does not include the $1,200 in electrical remediation costs, our expenses for dining out during the 100+ days without a functional kitchen (estimated $3,800), or the diminished value of our home during this period.

Legal Basis:

Your conduct violates multiple provisions of Texas law:

1. Breach of Contract: You materially breached our written agreement by abandoning the project after completing less than half the contracted work while retaining $8,500 in excess payments.

2. Texas DTPA § 17.46(b)(5): Representing that goods or services have characteristics, uses, or benefits which they do not have — you represented you would complete a full kitchen renovation and failed to do so.

3. Texas DTPA § 17.46(b)(7): Representing that goods or services are of a particular standard, quality, or grade when they are of another — the partial electrical work does not meet code.

4. Texas DTPA § 17.46(b)(12): Representing that a contract confers rights which it does not — collecting payment for work you never intended or were unable to complete.

Under DTPA § 17.50, consumers may recover economic damages, mental anguish damages, and up to three times economic damages for knowing violations. Your total exposure, including treble damages on the $8,500 alone, is $25,500.00 — before accounting for additional damages, court costs, and attorney's fees.

Demand:

We demand payment of $8,500.00 within fifteen (15) days of your receipt of this letter, by certified check payable to Angela Torres and Robert Torres.

Pursuant to DTPA § 17.505(a), this letter constitutes the required pre-suit demand. You have 60 days from receipt to inspect, settle, or make a settlement offer. If we do not receive the demanded amount within 15 days, we will proceed to:

1. File a claim in Bexar County Justice Court (small claims for amounts under $20,000);
2. Report your conduct to the Texas Department of Licensing and Regulation;
3. File a complaint with the Bexar County District Attorney's Consumer Protection Division;
4. Pursue DTPA claims including treble damages and attorney's fees.

We would prefer to resolve this without litigation. You may contact us at the number or email above.

Sincerely,