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Concrete contractor paid in full, the job was completed. Recieved notice that the supplier was not paid.

TexasMechanics Lien

We are homeowners in Texas. We contracted a concrete contractor to complete some foundation work on our homestead. The job was completed and we paid him in full. We just received a notice from the concrete supplier stating there is a balance and a lien can be filed. Notes: -The contract we have with the concrete contractor does not have both spouses signatures. -The contract was not filed with the county. -The contracted amount was paid in full when the job was completed. What can we do to ensure we're not paying double? Can the supplier do anything to us?

4 replies

Jun 8, 2020

Hi, Let's see what we can do about those questions. What can you do to ensure you are not paying double? Contact the supplier and let them know the GC was already paid. If necessary, provide proof the contract amount and proof of the check the GC was paid with. DO NOT pay again. Even if they threaten you, let them threaten away because... (See next paragraph) The supplier can file a lien but you can file a lawsuit to dismiss the lien as invalid. Basically, you would just have to prove that you and the contractor had a contract for X amount and they were supposed to pay for materials. You would then have to prove you paid the contractor X amount in full per the contract. Once you did that, they would have to go sue the contractor for breach of contract because he was supposed to pay them. DO NOT PAY THEM AGAIN. A lien doesn't kill anything, it just ties up the property for a little bit if you are trying to sell it or use it as collateral. E. Aaron Cartwright III 214-789-1354 Aaron@EACLawyer.com

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Jun 8, 2020

Thank you for your answer. Would they be able to bypass the lien and just sue us for the amount owed?

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Jun 8, 2020

Hello, Since both husband and wife did not sign the contract, and if they are both listed as owners of the property, any lien filed against your homestead would be invalid. The supplier could still file a lien, but it would not be enforceable. Feel free to reach out directly if you have further questions. Thanks, Managing Partner 8431 Katy Freeway Houston, TX 77024 Tel: (713) 715-7334 www.TheCromeensLawFirm.com Privileged Attorney-Client Communication and/or Attorney Work Product: The above message and attachments, if any, are confidential and may be protected by the attorney/client privilege and/or attorney work product. The unauthorized disclosure, use, dissemination or copying of this e-mail, or any information it contains, by anyone other than the intended recipient, is prohibited. If you are not the named recipient, or have otherwise received this communication in error, delete it immediately and notify the sender at the office number listed above or by return email.

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Jun 9, 2020

Hi, To answer your question, anyone can sue you for anything. That doesn't mean they will win. In the scenario you have described, if the supplier were to sue you, there is a likelihood he would not win. He is not in privity of contract with you. What that means is that he never contracted with you directly. The supplier contracted with the GC and it is the GC's job to pay the supplier. If the supplier did try to sue you, it's possible that the suit could be knocked out with a quick 91a Motion to Dismiss or a No Evidence Motion for Summary Judgment. E. Aaron Cartwright III 214-789-1354 Aaron@EACLawyer.com

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