Our plumbing company was hired by a company that builds additions on homes. We where not hired by the homeowner. We are trying to get paid for this job but the only person we have ever billed was the company we did the work for. That company is telling me they have filed a lien their customer and said we need to do the same. Our company has never tried billing anyone but the company that hired us to do the work and they are not paying us.
Hello!
You would simply follow the process for a subcontractor's lien under Chapter 53 of the Texas Property Code. Levelset can assist or you can contact my office.
Be careful! There are strict notice and filing deadlines.
E. Aaron Cartwright III
214.799.0776
Aaron@EACLawyer.com
If the property is the owner's homestead (meaning that the owner owns the property and lives there) then your customer's contract with the owner would have to satisfy the requirements of Texas Property Code sections 53.254, et seq., which requires specified homestead lien warnings, signing by husband and wife, and recordation in the county property records.
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.
The legal analysis would start with a review of your contract with your customer, and then extend to any communications which have occurred.
You should consider preparing a letter to mail by certified mail, return receipt requested, to your customer to set out the facts and to demand the relief that you want. Attach to the letter the contract, invoice, and photographs of the completed work. Make sure that your letter is professional and business like as it may be evidence later.
If the customer does not respond or respond satisfactorily, you should consider filing suit in small claims court, using the letter as evidence (assuming that you claim is less than $20,000).
Good luck.