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Can a roofing contractor file a mechanics lien on a homeowner in Texas, if the roof he replaced has failed two inspections

We had to have our flat roof redone after damage from a hurricane.e We haven't paid for the roof due to fact the new roof leaked throughout the house day after it was done & the damages from the leaking. They charged us for the lien but never served us papers. Won't come back to fix problems

1 reply

Oct 29, 2018

I'm sorry to hear about that. First, it's worth noting that regardless of whether a mechanics lien would ultimately be valid if challenged, a lien filing could still occur. County recorders' offices rarely have the ability or the resources to investigate each claim for its validity. Of course, if a mechanics lien is filed, the owner will have an opportunity to challenge that lien filing, though such a challenge would come via legal action. Further, it's worth noting that a question of workmanship also won't prevent a mechanics lien - though, in a lien proceeding, workmanship would very likely be taken into account when determining what amounts are owed, if any. In a situation where work was faulty, failed inspection, and required repair - a court may very well determine that full payment isn't owed for the work provided. But, as mentioned above, challenging the lien would likely require legal action - and thus, consulting with a local construction attorney would be helpful. They will be able to look at the relevant documentation and other information to determine how best to move forward in challenging a lien - if one was filed. If a claimant merely sent a warning of a lien or otherwise did not file a lien, a demand letter from an attorney threatening legal action could be effective to ward off an improper lien claim. Finally, if a lien was filed but the papers were not properly served, that too could serve as grounds for discharge of the lien claim. This article should be helpful: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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