Home>Levelset Community>Legal Help>Can I file a constitutional lien to get paid? How it works?

Can I file a constitutional lien to get paid? How it works?

I am a subcontractor seeking payment for a job that was performed by construction plans and methods for an owner/GC. However, I hired a company that was working as my subcontractor and ended up firing them from the job due to lack of performance. They contacted the owner with a debt collector agency. I had a verbal agreement with the owner once he received his CFO I will get paid. It’s been over a year and owner/GC (which are the same) does not wants to pay me stating he is scare he can get sue from my subcontractor. He wants me to get a release from him, obviously my previous subcontractor is an scammer pretty much. What are my options

1 reply

Mar 16, 2021

The legal analysis would start with your contract, and then extend to any communications which have occurred, and to the work that you have performed. If the owner and general contractor are exactly the same, you may be an original contractor under Chapter 53 of the Texas Property Code. If so, you may be entitled to file a Texas Constitutional lien. But, that could depend on whether the home is the owner's homestead, and whether or not you complied with Chapter 53 requirements for perfecting a lien on a person's homestead. Retain a construction attorney to evaluate your situation and to provide advice. Good luck.

1 person found this helpful

Helpful