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Can a company that provided fans and dehumidifiers because of a water leak from my shower file a lien on my home in Texas.

TexasMechanics Lien

I had the company on advice from the plumber come in with the fans, etc. They worked with my insurance and it been only a month and the company filed a lien. Over 2400, plus filing fees over 200. I never disputed paying them, but was told that they would provide rebuild and the deductible would cover it. It does not.

1 reply

Aug 7, 2018

I'm sorry to hear that. First, regardless of whether the underlying lien is valid, a mechanics lien filing may actually occur. Typically, a county recorder's office has neither the bandwidth nor the authority to scrutinize each individual claim. As to whether the claim is actually valid - mechanics liens are most typically appropriate for construction work performed in conjunction with a permanent improvement to the property. When work performed provides temporary or fleeting improvement to the property, arguments can be made that the given work is not lienable. Further, in Texas, any amount unrelated to the value of the labor and/or materials furnished may not be included in the lien claim. Filing fees, attorney fees, interest, etc. might be recoverable after being awarded a judgment, but those amounts should not be included in the claim itself. Finally, if this company was hired by your insurance, it would be wise to discuss the matter with your insurance provider - they may be able (and may even be required) to provide some relief here. Ultimately, though, if a mechanics lien has been filed and you wish to contest the validity of the filed lien - it'd be wise to reach out to a local construction or real estate attorney for advice and assistance moving forward. They'll be able to take a deeper look into the situation, as well as look at the relevant communication and documentation, and provide advice on how to move forward. As a last note, this article may provide a little help here: A Mechanics Lien Was Filed on My Property – What Do I Do Now?.

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