Contractor Dispute in Texas: Small Claims Court Process
This page describes the Texas small claims court process for contractor disputes, including incomplete work, defective workmanship, and unreturned deposits. Texas Justice Court (small claims court) allows homeowners and property owners to pursue claims against contractors for up to $20,000 without an attorney. This page is informational — it describes the process and what Texas law states. It is not legal advice.
Common Situations
- A contractor collected payment and did not complete the contracted work
- A contractor completed work that is defective, substandard, or does not meet the agreed specifications
- A contractor took a deposit and stopped responding without starting the job
- The completed work caused damage to your property
- A contractor used inferior materials different from those specified in the contract
- A contractor's work failed to pass a required inspection
Your Options
Send a demand letter
A formal written demand giving the contractor a specific deadline to complete the work, fix defects, or refund money paid for work not performed. This creates a documented record of your claim.
Flash Justice: Flash Justice provides a free demand letter template for contractor disputes.
File in Texas small claims court
Texas Justice Court handles disputes up to $20,000. File in the county where the work was performed or where the contractor's business is located. No attorney is required.
Flash Justice: Flash Justice prepares your JP Court petition and documentation package so you can file at your local courthouse.
File a complaint with TDLR or TSBPE
Certain Texas trades require state licensing — including HVAC technicians, electricians, and mold remediation contractors through TDLR, and plumbers through the Texas State Board of Plumbing Examiners. General contractors and roofers do not require a state license in Texas. If your contractor is in a licensed trade, filing a complaint is free and separate from a court claim.
Flash Justice: Flash Justice does not file licensing board complaints — you initiate this process directly at tdlr.texas.gov.
Documentation Courts Typically Request
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Flash Justice helps you prepare your Texas small claims court petition and documentation package.
The Filing Process
Texas Legal Context
The Texas Deceptive Trade Practices Act (DTPA) applies to consumer transactions with contractors and prohibits false, misleading, or deceptive practices. The Texas Residential Construction Liability Act (RCLA), codified in Texas Property Code Chapter 27, requires homeowners to send the contractor written notice of a residential construction defect at least 60 days before filing suit — failing to do so can result in dismissal. Texas Property Code Chapter 162 governs construction trust fund provisions protecting subcontractors and suppliers against contractors who divert funds, though it is not a straightforward homeowner remedy.
Texas Justice Court handles civil disputes up to $20,000 (excluding statutory interest and court costs).
Written contract claims in Texas generally have a 4-year statute of limitations. Construction defect claims may have different timelines under the RCLA. These are general references — consult official Texas courts resources or a licensed attorney for your specific situation.
File in the Justice Court in the county where the work was performed or where the contractor's business is located. Find your county's JP Court at txcourts.gov.
Important Notes
- Identify the contractor's correct legal business name before filing — this is typically on the contract, invoice, or their licensing record.
- For amounts above $20,000, you would need to file in County Court at Law rather than Justice Court.
- If the contractor filed a lien, consult an attorney — lien releases are not handled in small claims court.
- Flash Justice helps you prepare your court filing — the judge makes all legal determinations.
Frequently Asked Questions
Ready to File Your Claim?
Flash Justice helps you prepare your Texas small claims court petition and documentation package — so you can file at your local Justice Court with everything in order.
This guide is for general informational purposes only and does not constitute legal advice. Flash Justice is not a law firm and does not provide legal representation. The information on this page reflects general Texas small claims court procedures and may not apply to your specific situation. For legal advice about your case, consult a licensed Texas attorney.