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can a lien be filed when NO work has been done

TexasMechanics LienNotice of TerminationPayment DisputesRight to Lien

I am the consumer. Signed a contract for a deck at my home. Reconsidered as I believe the contractor is price gouging, and found out is a convicted felon. Can I legally back out with zero liability in the state of Texas?

1 reply

Jun 15, 2020
If no work was performed, then a valid and enforceable mechanics lien cannot be filed. However, that doesn't mean that the contractor won't attempt to file a mechanics lien. Granted, false and fraudulent mechanics liens will result in extremely serious penalties in Texas - including thousands in damages and even potentially a misdemeanor charge. So, notifying the lien claimant of those potential penalties if they file their lien might convince them to stand down. With that being said, that doesn't mean canceling the contract will result in zero liability. An owner who terminates the contract could be liable for some damages due to breaching the contract/wrongfully terminating the agreement. In order to receive damages for the canceled contract, the contractor would likely need to show they were damaged in some way - so if they haven't purchased materials, and if they can't prove lost profits, that might be a losing battle. Still, any termination provisions in the contract should be followed.
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