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can i file a mechanical lien on residential

TexasMechanics Lien

I am a contractor that was hired to do the repair work to a home damaged by winter storm uri. The home owner will not pay me because he does not believe he should have to pay more than what the insurance gave him. My invoice is for less then what he was given but he doesn't want to pay the 10K deductible that they took out of the check. I filed a lien but i am not sure if i made a mistake.

1 reply

Jun 20, 2021

If the property is the owner's homestead (meaning that the owner owns the property and lives there) then your contract with the owner would have to satisfy the requirements of Texas Property Code sections 53.254, et seq., which requires specified homestead lien warnings, signing by husband and wife, and recordation in the county property records. 

You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.

Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.

Good luck.

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