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Does my contractor have a right to file a lien?

TexasConstruction ContractMechanics LienPayment DisputesRight to Lien
Anonymous Contractor

Hello, I have a situation where a deck contractor performed work on my property (deck replacement). Our agreement was via email exchange, text exchange, and verbal communications. Within that, the only 'document' was the estimate for scope of work and the $$ total, but for no particular reason this document wasn't signed by either party. I paid $7,000 as a down payment (~75% of the total for the agreed scope, which in hindsight is a very high down payment). The work performed was poor and nowhere near the level of quality expected or "promised" (via email and verbal exchange). He refuses to fix the issues, but still wants full (or at a minimum, additional) payment.

1 reply

Levelset Admin at Levelset
| 1,004 reviews
Aug 20, 2020
Generally, yes - a contractor is entitled to file a mechanics lien even if there's a dispute over their workmanship and even if there's a dispute regarding what they're owed. Granted, an owner can certainly successfully challenge the lien claim on those grounds (or others).

Texas homestead mechanics lien requirements

With that being said, if this property is your homestead, there are some rigid formalities that must be followed in order for a contractor to pursue a mechanics lien claim. For one, there must be a written contract (though, something overtly formal might not always be required). Further, if the property is owned by a married couple, that contract must be signed by both spouses. And, finally, the claimant will need to record that contract with the county in order to be able to file a lien. Of course, if the project isn't a homestead, the contract generally doesn't need to be in writing or formal in order for mechanics lien rights to arise.

Additional resources

In addition to the above, the following resources should be useful: - I Just Received a Mechanics Lien threat – What Should I Do Now? - A Mechanics Lien Was Filed on My Property – What Do I Do Now?
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