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Why would a crooked contractor be able to place a property when homeowner disputes agreed upon work has been done?

TexasMechanics Lien

Why would a contractor that did terrible work that now needs to be fixed/corrected by the homeowner, along with not finishing said job or ever walking the entire property/project with the homeowner for approval on agreed upon work, ever be able to get a lien placed on said property?

1 reply

Jul 23, 2022

Why? Because the best defense is a good offense?

A contractor can file a mechanic's lien with the county's real property records. But filing does not mean that the lien is legitimate. It would take a law suit to confirm the propriety of the lien.

If the property is the owner's homestead (meaning that the owner owns the property and lives there) then the contractor's contract with the owner would have to satisfy the requirements of Texas Property Code sections 53.254, et seq., which requires specified homestead lien warnings, signing by husband and wife, and recordation in the county property records. 

You really should retain a construction attorney to review and evaluate the legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if the contractor files a lien, the contractor has properly and appropriately done so.

Filing an invalid lien could subject the filer to liability under the Texas Fraudulent Lien Act, and the filer could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. 

Good luck.

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