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We refused the contractors bid, he decided to put a lien on our property. Is this possible?

TexasMechanics Lien
Anonymous Contractor

We gave the contractor foot print and ask for a bid. He redrew he own foot print just like the one we send him and gave us a bid to built . we rejected his bid and send him a note that we went we someone else. He is threatening to put a lien on the property. Requesting $500.00 for the foot print.

1 reply

Matt Viator
Construction Lawyer
Levelset Admin at Levelset
| 999 reviews
Jan 25, 2018
Before getting too far, it should be noted that even when a lien would be invalid if challenged, it's entirely possible that such a lien would be recorded. However, Texas is home to steep penalties for those who file fraudulent liens. Anyway, in Texas, only work that is done under or by virtue of a contract with the owner may be liened, and even then, not all work is lienable. This is not to say that a written contract is absolutely necessary - a verbal contract may be a valid basis for lien as long as the project is not a homestead or as long as the work being liened is not performed by an architect, engineer, or surveyor. But, if no verbal or written contract was present authorizing the work, a contractor will likely not have a valid lien. The solicitation of a contractor's bid, with nothing more, would hardly appear to serve as the basis for a lien. As for whether the work itself was lienable, in Texas, architects, engineers, and surveyors may file a lien in connection with proposed improvements (if done pursuant to a written contract). However, work for other parties typically requires some actual improvement to the property.
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