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Can I put a mechanic's lien on a bad contractor?

Texas

I'm having a really bad experience with a contractor. He asked for money to purchase materials and pay labor but he did not perform. He only did a very small fraction of the job and left with my money. We signed a contract but he doesn't respond to my calls nor emails. Thanks

3 replies

Jul 24, 2021

You appear to the owner, so as an owner, you would not any mechanic's lien rights against a contractor on your project. But you have claims against the contractor.

You need to create a paper trail, so I suggest that you consider the following.

You should write the contractor a letter by certified mail to request that the contractor return to correct/complete his work. In that letter, you should advise generally what work needs to be corrected/completed. You should also indicate that if the contractor does not return to correct/complete his work, you will have to retain another contractor, and will hold the first contractor responsible for the costs. Finally, indicate in your letter that if the contractor does not advise that he will return to correct/complete his work within one week, you will presume that he has no intention of doing so, and you will hold him responsible for the costs of correcting/completing his work.

When the contractor does not return, you can retain another contractor to correct/complete the first contractor's work. Make sure that the second contractor itemizes his invoices and lists the costs to correct/complete the first contractor's work. You cannot charge the first contractor with the cost of work that was not within the first contractor's scope of work.  

Once you have tallied the costs associated with correcting/completing the first contractor's work, you can consider suing him to recover those costs. The jurisdictional maximum for small claims court in Texas is now $20,000. So, if your claim exceeds that amount, you will have to sue in County or District Court. In small claims court, you can represent yourself. In County or District Court, you will have to retain an attorney. However, under Texas law, you would be entitled to recover attorney's fees if you prevailed.

Make sure that you take a lot of photos of the first contractor's work. Digital photos with the date of the photo imprinted on the photo are best. You should document the condition in which the first contractor left the work and what it took to correct/complete the work.

Good luck.

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Jul 26, 2021
No. You cannot reverse the procedure of a mechanic's lien. It is designed for the contractor to go after the owner, not the owner to go after the contractor. Of course you can sue the contractor and if you are successful you can get a judgment lien on the contractor's assets - if he has any. If it is a small debt (in Texas $20,000 or less) you can file the claim in a small claims court. One of the problems with small contractors is that they are effectively judgment proof in that they often don't have any business assets or so little that going after them is fruitless.
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Jul 26, 2021
Generally, It is possible to file a lien regardless of the quality of the contractor if money is owed to you by the contractor. Past the issue of whether you can file a lien you need to keep in mind that in order for the lien to be legally effective you must meet all the legal requirements set out by the statutory language regarding the particular type of lien you are filing.
 
You would do well to seek professional legal help as a next step
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This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on this site are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

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