Joel attended the University of Texas from 1987 to 1991. Originally, he majored in mechanical engineering. However, after negative experiences with Differential Equations and Electricity and Magnetism, he decided that Political Science was a better fit for his particular talents. At the same time, he decided to study Russian. He graduated with a Bachelor of Arts in Political Science with a minor in Russian Language Studies in 1991. He then attended South Texas College of Law in Houston where he would ultimately receive his J.D. in 1994. He worked full time during law school to pMore...More...
Hi - I'm a bit curious if there are not more facts that need to be disclosed in your situation. However, assuming this is a straight foward as you represent (customer came to you to repair car, gave you possession of car, you performed work, you fixed car, and then customer doesn't want to pay), then this is fairly easy. Texas Property Code Chapter 70 (https://statutes.capitol.texas.gov/Docs/PR/htm/PR.70.htm) gives you are "workers lien" and you are "eSee More...See More...
I generally agree with Skip's and Brian's comments. Beyond the legal issues, the more practical issue is do you want to have a lawsuit/lien over $750? If you were my client, my advice would be to simply pay the amount in exchange for a lien release, and chalk it up to learning a lesson. You never allow someone to do work without at least a basic contract that covers (1) the work, (2) the price, and (3) time for completion (if important), amoung other terms. AlSee More...See More...
The answer is found here: https://comptroller.texas.gov/taxes/publications/94-116.php Essentially, it depends on the type of contract you have for the project. This is from the above publication from the Texas Comptroller: Residential Repair and Remodeling When you repair or remodel residential property, you are a contractor. As a contractor, you may have a lump-sum contract (one price for the entire job). Or, you may have a separated contract (you charSee More...See More...
First, I would never advise a GC to "front" time and materials in the hopes of being paid from the sale without a written contract to that effect. However, since it is done, you have a constitutional lien since you have a direct agreement/contract with the Owner. This type of lien is in many ways superior to a typical Chapter 53 M&M lien. A constitutional lien is self-executing - which means you do not have to send notices out prior to the lien being perfecSee More...See More...
If you are a GC with a direct contract with the Owner on a commercial project, you have a constitutional lien which is set perfecting (i.e., there is no deadline). A constitutional lien is created as a matter of law and you can file a constitutional lien on the property at any time (with certain limits) and file suit to foreclose it. This is very different than a Chapter 53 Mechanic's & Materialman's lien. Consult an attorney to help do this.See More...