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Can I file lien on homestead property in TX with oral contract?

TexasMechanics Lien

GC on residential homestead property. Cost plus format. Oral contract. Permitted job City of Austin. CO issued. Owner refuses to pay 115K final balance. All bills and subcontractors paid by me. Submitted all invoices, receipts, and cancelled checks to owner but refuse to pay. Can I get a constitutional lien? Project started Jan 15, 2022.

2 replies

Nov 16, 2022

File lien as an original contractor claiming a constitutional lien. File suit within one year of the filing of the lien.

Try to get a statutory lien but you did not have a written contract signed by H&W therefore you do not get a “statutory” lien.

With a constitutional lien you cannot recover attorney’s fees or costs, but only the amount of the lien.

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Nov 17, 2022

Thanks for your response! I keep seeing on line that without a written contract, my lien can not be perfected, even though I acted in privaty with H&W? I ask knowing that medical advise on Google might be as useful as legal advice on Google.

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