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Home>Levelset Community>Legal Help>TX Home Improvements and Structural Alterations (HISA) hired me to do some Handicap Alteration for a Veteran.

TX Home Improvements and Structural Alterations (HISA) hired me to do some Handicap Alteration for a Veteran.

TexasMechanics Lien

The work was supposed to be done in 30 days and originally was agreed they would go to visit family and we'd have a week to complete the majority of the task without worrying about having a bathroom and sink for the client. Due to Scheduling and Medical issues, this was drawn out to a day here and there, with a complete cleanup each time, vastly multiplying the work. Finally they said they'd be gone 5 days around thanksgiving, and gave me a key... They left late Tuesday about Sundown, We worked All Wed, when I arrived back Friday Morning so did they... with the wife's mother in the Hospital (were supposed to be back Sat or Sun). We managed to complete the work by Mid Dec. on a few Saturdays (they had changed the keys due to problems with her son). This should of been a simple matter, there is a sign off form they are supposed to sign upon completion, and was supplied to them before the work started, called the Satisfaction of Completion of Work Form... The replies to my contact have been various starting with the paperwork is filed away, I will locate it and have him sign it, to we are out of town, or in Gonzalez (near the family), or in the hospital, to finally we can’t find the paperwork to sign off on this work…. Yes we’re very satisfied with the work, but we don’t know where it is… Now Jose Murillo is now losing his eyesight! And Today July 14th 2020, They are packing to move to Gonzalez Tx?? I have to act or throw away any hope of getting paid, Any Help Here?? My neighbors - These Clients don't seem to be concerned with getting So. Tx. Ez Property Solutions, LLC Paid - Our Company.

1 reply

Jul 15, 2020

Hello!

Based on the situation, it seems like it would be a good idea to file the lien affidavit as soon as possible.

It appears that you are the GC so no pre-lien notice is required by the statute. If you have the lien drawn up and filed with the county clerk, you will need to have it sent to their last known address via certified mail but that will protect your interest and make sure you are paid in the event someone goes to try to sell the house. You may have to wait a minute or two but usually a title company will refuse to write a policy until the lien is cleared.

E. Aaron Cartwright III
214-789-1354
Aaron@EACLawyer.com

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