As a home owner in Texas, can I be held responsible \ sued by a supplier who the contractor bought goods and never paid that supplier?
1 reply
Jul 7, 2020
Generally, yes - in many cases, Texas suppliers will be entitled to file mechanics liens if they go unpaid by the contractor who hired them. And, if a valid and enforceable lien is filed by a supplier, they may then look to enforce their mechanics lien by filing a lawsuit. More on that here: (1) Who can file a Texas mechanics lien?; and (2) What Is “Enforcing” a Mechanics Lien?
That doesn't mean your contractor is off the hook, though. Under Texas Property Code § 53-153, if a subcontractor or supplier files a mechanics lien, the contractor must defend the owner at the contractor's expense. Plus, if you've paid your contractor but they failed to appropriately use those funds, you should have claims available against your contractor, too.
To make sure the supplier gets paid and that you can avoid a lien being filed against your property, it might be a good idea to put some pressure on the contractor. Reaching out and requesting (or demanding) that they resolve the issue might be an idea. Or, sending a formal, written document dong the same might be a bit more persuasive. Further, if it looks like a lien is inevitable, then consulting with a Texas construction lawyer might be helpful to prepare. Plus, these articles might be helpful too: (1) I Just Received a Mechanics Lien Threat – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?