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Can I file a lien under my specific situation ?

TexasConstruction ContractMechanics Lien

I run a roofing company here in Dallas Texas . I had a customer sign a contract for me to do her roof which states that if she cancels then a 33% fee will be charged . She decided to cancel after she received her check and went with another roofing company . We did not do her roof but she canceled our contract after we helped her with her claim . Do we have any rights to place a lien on the property ?

1 reply

Oct 3, 2022

Unfortunately, from the information you provided, the likely answer is no you cannot place a lien on the property. The Texas Property Code states that you are entitled to a lien if, under a contract with the owner, you (1) labor or furnish labor or materials for construction or repair of an improvement; (2) specifically fabricate materials; (3) as a licensed architect, engineer, or serveyor you provide services to prepare a design, drawing, plant, plat, survey, or specification... 

If 1-3 does not apply to what you've done to this point, you probably are not entitled to a lien on the property. 

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