We were hired to build outdoor structures on residential property in Texas and have not been paid. The monthly notice has been sent but am I legally even able to file a mechanics lien if I had no written agreement with the GC of the company who hired us? This is on homestead property in Texas. The homeowner and the GC have their written agreement, however.
Hello!
Unfortunately, the news is not good. For a subcontractor to place a lien against a homestead property, the requirements of Texas Property Code § 53.254 need to be met. There needs to be an executed contract, filed with the county clerk, that specifically provides for the lien rights of subcontractors. It does not appear that this is the case here.
All hope is not lost, though, because you may still file suit against the GC. You may sue the H/O if the GC has not been paid.
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com