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Can I place a lien on that company or do I request from owner?

TexasBack ChargesMechanics Lien

I am the GC working directly for the owner , dealing with the subs directly, however I do not right the checks nor pick which bid gets what job. I find multiple subs to bid and owner decide and I manage the project etc. Situation is , company owner chose for plumbing which guarantee the work for a year is not responding after being paid and finding that none of the pvc was sealed and the old cast iron that was paid to be removed, was just barried. So they made everything seem to work but after use several months, issues arise due to nothing being sealed. I hired another plumber I personally knew to investigate and found some other major issues. Am I responsible for that fee or is the owner? And am I able to get that money and time from client or owner?

1 reply

Feb 9, 2022

The legal analysis would start with a review of your contract documents, and then extend to any communications which have occurred.

You should be documenting the situation and creating a paper trail or you could be blamed for the deficiencies.

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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