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Mechanics lien

TexasMechanics Lien

The client is being unreasonable and is wanting me to do work outside whats on the contract thats signed. We have furfilled our work that we were contractually binded to do. We also hired a structural engineer and have a report showing before we took out a wall, that the wall isnt load bearing. She is disputing the report from the engineer. as she fees theres other framing issues in her house. There is other framining issues but its in areas that isnt affiliated with the wall we took out and was there pre-construction. I already sent out LOI for lien and need to move forward with lien but I want to make sure I can successfully put lien on property.

4 replies

Mar 4, 2021
If the property is your customer's home and she lives there, the property may be her homestead. If so, your contract with her would have to comply with the requirements set out in Texas Property Code section 53.254, et seq. You would also have to record the contract with the county clerk. Retain a construction attorney to evaluate your situation and to provide advice. Good luck.
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Mar 4, 2021
Thank you that. Under the homestead requirement states that the service and materials as described needs to be acknowledged and signed by the homeowner prior to us start the job. We did have it signed and have proof our scope is done with documentation of the job. The homeowner is asking additional scope outside of what is signed and is holding our original balance up for collateral. As going thru level set, there’s options to file the lien but want to know if levelset is the ones filing with that county or I still have to do that?
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Mar 4, 2021
Under Texas Property Code section 53.254, et seq., a contract with a homeowner must contain the statutory homestead warnings, and must be signed by husband and wife, and must be recorded in the County Clerk's records. If your contract does not comply, it does not support a mechanic's lien. You are probably better served by suing in small claims court if your claim is less than $20,000. Good luck.
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Mar 9, 2021

Hello,

Yes, it sounds like you have lien rights. I doubt you will be able to foreclose in any meaningful fashion but you will be able to cloud title, thus inconveniencing her, until the lien is resolved.

I would check with Levelset. I believe they do file it with the proper county once you pay them as that is one of the most important part of liens on property.

Let me know if you want to enforce it. ;)

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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