Complaint Review: True-Fit Roofing and General Construction

True Fit owner David Lewis and his agents and/or employees contracted with my company Trademark Seamless Raingutters to install gutter systems on properties located in the DFW and Marble Falls area.  Our company traveled to the job sites, provided written formal estimates of which were approved.  Trademark purchased the materials and provided the labor to install one (1) commerical project in Marble Falls and six (6) additional homes in the DFW area.  Upon completion of jobs Trademark Seamless invoiced True Fit for the total of all the jobs in excess of $26,000.00 and requested payment.  Due to lack of payment on 3 of the older properties Trademark requested a material draw of $2500 for the commercial project which Mr. Lewis agreed to.  When requested again at start of the commercial job Mr. Lewis stated he would pay us in full for the commercial job and the three that were past due and within a week.  Finally after 2 weeks Mr. Lewis made a partial payment of $5000 on the commecial project leaving a total unpaid balance of $21,233.00.  Mr. Lewis stated repeatedly the balance would be paid in full in ten days.  Those days turned into months and when confronted for payment after over two months he stated he would not pay. We were then forced to file Mechanic Liens. Each homeowner contacted us and stated True Fit/David Lewis had been paid in full for the work performed on their home and Mr. Lewis informed each of them that Trademark had been paid in full.  All untrue. Additionally one of the homeowners stated that another sub-contractor had contacted her stating they had not been paid as well.   Two homeowners stated he provided a copy of the $5000 check showing we had been paid in full for their job, which was a misrepresentation,that borders on fraud.   the $5,000.00 as agreed was applied to the commercial project.  We are a very small company and our labor crews work hard to feed their families and get by, these hard working men have not been paid, as we have not as well, additionally the material house that provided the materials still have not been paid.  The only person that has been paid in full for all seven (7) jobs is True Fit and David Lewis.  All we requested was to be paid for the work that had been approved and that we performed.  Mr. Lewis has sent threatening and harassing texts of how he is going to sue us.  David Lewis and True Fit have caused innocent homeowners to have mechanic liens placed on their properties and caused undue financial hardship to our company, our crews and Senox, the material house.  HOMEOWNERS BEWARE OF THIS COMPANY AND DAVID LEWIS.  MAKE SURE YOU GET ALL OF THE SUB-CONTRACTORS THAT PERFORM WORK ON YOUR HOUSE TO SIGN A RELEASE THAT THEY HAVE BEEN PAID IN FULL BEFORE YOU RELEASE PAYMENT TO THIS MAN AND HIS COMPANY or better yet use someone else there are plenty of general contractors out there that do quality work and pay their bills timely.   Based on the conduct of David Lewis personally and as owner ad representative of True Fit not only is this a breach of contract but it appears this falls under Theft of Services, but I'm not an attorney, its a shame our attorney general and local prosecutors allow this to go on in our communities as they are to busy to be bothered with these type of matters. § 31.04. THEFT OF SERVICE.  (a) A person commits theft of  service if, with intent to avoid payment for service that he knows  is provided only for compensation: (1)  he intentionally or knowingly secures performance  of the service by deception, threat, or false token; (2)  having control over the disposition of services of  another to which he is not entitled, he intentionally or knowingly  diverts the other's services to his own benefit or to the benefit of  another not entitled to them; (3)  having control of personal property under a  written rental agreement, he holds the property beyond the  expiration of the rental period without the effective consent of  the owner of the property, thereby depriving the owner of the  property of its use in further rentals;  or (4)  he intentionally or knowingly secures the  performance of the service by agreeing to provide compensation and,  after the service is rendered, fails to make payment after  receiving notice demanding payment. (b)  For purposes of this section, intent to avoid payment is  presumed if:   (1)  the actor absconded without paying for the service  or expressly refused to pay for the service in circumstances where  payment is ordinarily made immediately upon rendering of the  service, as in hotels, campgrounds, recreational vehicle parks,  restaurants, and comparable establishments; (2)  the actor failed to make payment under a service  agreement within 10 days after receiving notice demanding payment; (3)  the actor returns property held under a rental  agreement after the expiration of the rental agreement and fails to  pay the applicable rental charge for the property within 10 days  after the date on which the actor received notice demanding  payment;  or (4)  the actor failed to return the property held under  a rental agreement: (A)  within five days after receiving notice  demanding return, if the property is valued at less than $1,500;  or (B)  within three days after receiving notice  demanding return, if the property is valued at $1,500 or more. (c)  For purposes of Subsections (a)(4), (b)(2), and (b)(4),  notice shall be notice in writing, sent by registered or certified  mail with return receipt requested or by telegram with report of  delivery requested, and addressed to the actor at his address shown  on the rental agreement or service agreement. (d)  If written notice is given in accordance with Subsection  (c), it is presumed that the notice was received no later than five  days after it was sent. (e)  An offense under this section is:                                         (1)  a Class C misdemeanor if the value of the service  stolen is less than $20; (2)  a Class B misdemeanor if the value of the service  stolen is $20 or more but less than $500; (3)  a Class A misdemeanor if the value of the service  stolen is $500 or more but less than $1,500; (4)  a state jail felony if the value of the service  stolen is $1,500 or more but less than $20,000; (5)  a felony of the third degree if the value of the  service stolen is $20,000 or more but less than $100,000; (6)  a felony of the second degree if the value of the  service stolen is $100,000 or more but less than $200,000;  or (7)  a felony of the first degree if the value of the  service stolen is $200,000 or more. (f)  Notwithstanding any other provision of this code, any  police or other report of stolen vehicles by a political  subdivision of this state shall include on the report any rental  vehicles whose renters have been shown to such reporting agency to  be in violation of Subsection (b)(2) and shall indicate that the  renting agency has complied with the notice requirements demanding  return as provided in this section. (g)  It is a defense to prosecution under this section that:                   (1)  the defendant secured the performance of the  service by giving a post-dated check or similar sight order to the  person performing the service;  and (2)  the person performing the service or any other  person presented the check or sight order for payment before the  date on the check or sight order.