I am an owner our A/C stop working contractor was call to fix the A/C he said we need a new A/C. he placed the new A/C three days later the A/C stop working he was called again. the technician requested to be paid for $120 for his work. I called the owner he claimed the work he did wasn't related to the new A/C he claim he clean drain lines and adjusted float switch. I wasn't home and he didn't discussed with me what kind of work needed the work was not authorized by me. by consulting with A/C license he was suppose to make sure the lines are cleared when he place the new A/C and make sure the float switch is adjusted. with his affidavit claim the amount he's claiming is $812.50. Thanks
Hello,
I need more facts. Was the lien placed immediately after the AC work was done three years ago? Or was the lien placed 3 years after the work was completed?
If the lien was placed immediately after work was done, he had two years to bring a lawsuit to enforce it. Three years puts him outside of that limit so it is no longer valid and enforceable. (Note: State of limitations for breach of contract, however, is four years.)
If the lien was placed three years after the work was done, he is so far past his lien deadlines it's almost laughable. In that case, he has no valid M&M lien under Chapter 53 of the Texas Property Code. He may still have a valid Constitutional Lien (Statute of Limitations: 4 years) but those are harder to enforce.
Hope this helps.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com