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Texas Mechanics Lien Questions
All Status
Mechanics Lien
Texas
Hi, We where asked to wait three weeks to receive payment. That time is now. We have sent a notice to lien that client received Monday past. I want to send a short message to client that payment is now very past due. I'm being advised not to as it is becoming a legal matter. Should i send the message via text?
TexasWhat happens after my company files a mechanics lien in Texas? We have filed a lien and wanted to know what are some next steps we can take to still collect payment.
TexasOn the document it has May 17 as the first date of materials and labor furnished and the end date of the Materials finished as the 17th of may. It was actually the 20th of May. Does the dates effect the document?
TexasWe are a mechanical contractor, we do HVAC
We have a situation with one of our customers.
Builder, for new construction. They have several homes and their account is currently past due. In one their jobs on of our sucobtractors (they're insured) they made a mistake and some damages needed to get fixed. The problem is that out customer said he was going to send us the documentation so we could open a claim with the insurance. The never did that and now they are just trying to substract 12K from all the open invoices they have.
My question is, can we file a lien for one of their houses, since the amount matches with one of their jobs.
TexasWe are a subcontractor filing a lien for 2 properties completed for Barrow Builder Group in Texas. They have a partial balance due for retainage on each. A non-optional question to complete asks "Identify All months When You Furnished Services For Which Payment is Claimed". The retainage was held from the 1st payment forward. That would have started the purchasing of materials, etc. Should I list all of the months through the final month last delivered?
TexasWe have filed a lien and the customer still hasn't paid. We will need to move forward with a mechanics lien.
TexasI'm not sure if this falls under supplier to supplier category, but I think it may. We are a materials supplier and are considering working with a concrete plant where the materials we supply and deliver will be blended into the concrete that is then delivered out to another job site. I believe we would fall as a Tier 1 supplier and my question would be can we file against the job where the concrete was delivered if we do not receive payment from the concrete plant who originally hired us to deliver the material to be blended?
TexasSub filed a mechanics lien on a Texas property that was labeled as homestead when filed (but not a homestead today). He also did not send any pre notices or notice that he actually filed a lien affidavit. What are my rights? The contractor was paid, but now learning they are related!
TexasI'm not a contractor nor do I have a license, but I was approached by a woman in January to rig down a truck mounted drilling rig (small scale for geotechnical sampling) mounted on a Ford F550, design, fabricate, and remount the same rig and get it ready for operation. I finished on April 13th, sent an itemized invoice payable on May 9th, a very reasonable amount of $1,050, she paid half the invoice but will not return messages or calls now, even though I have sent a notice of past due. She told me the truck/rig would be put up for sale, point being if she has or does, I won't see another dime. I don't have a contract but I have plenty of proof the work was requested by her, an invoice was requested by her, statements by her that she would pay by the due date, and that the work was completed, tested, and turned over to her. Questions
1. Can I file a mechanics lien?
2. If yes, do I have to give notice before, or after I file the lien?
Thanks,
Karl
TexasThe sub who put a FALSE mechanics lien on my home in TEXAS has disappeared. Won't respond to phone calls, emails or texts.....
Now what?
TexasI hired a GC to work on my major remodel project (contract amount of $57k) on a vacation rental in November 2021. Only a 3 weeks in the project, they forced me to pay 90% of the contract amount or else they will walk off the project (and they threatened to lien my house). I agreed to their demand and paid them 90% of the contract. During the project, they cut many corners and painted the house with completely wrong colors, and they did material swapping without my knowledge. I was mostly a pushover when dealing with them. Only 3 weeks later, they walked anyway, leaving the project unfinished and with many defects that require extensive repair and rework. When they left the project, they left a massive pile of trash in my driveway, scattered material, and tools all over the place, and they sent me a "final invoice" that is neither a change order nor part of the contract. They claim that this invoice is their money loss and they kept the invoice vague because they wanted to show their evidence in court.
It cost me several months and more than $25k to fix and complete the project. In fact, I am still dealing with a buckling flooring that is almost impossible to fix due to their wrong installation method and cheap material (I asked for vinyl planks they opted for cheap Home Depot laminate flooring). My repeated attempt to resolve my issues with them were met with ridicule and refusal. They also didn't pay their plumber and now the plumber is reaching out to me for a $7,700 bill.
I sued them in Small Claims court. They hired an attorney and filed a mechanic lien against my house.
My questions are as follows:
1- They seem to have missed the deadline to file the lien and they didn't notify me within 5 days of the lien recordation. I understand that under Texas constitutional lien such requirements are different. Can someone explain to me if I can still file a motion to challenge the validity of the lien if they didn't "perfect" the lien?
2- My dilemma is that if I hire a lawyer to litigate, the cost will easily surpass the total lien amount ($9400) plus the plumber's cost. While I am not fixated on fighting this out as a matter of principle (I have other things to do), I am not willing to just cave as demonstrated in the project that if I give, they will continue bullying me. What would be the most cost-effective and prudent way of dealing with this?
3- One strategy is just to wait and see what happens. I understand that. I also feel that I need to calm down and be patient. I believe ultimately, the truth is on my side. However, I am worried that if I didn't actively prepare myself and file the correct motions or send responses to their lawyer, I may come across as unprepared and easy prey. Should I build an active posture (ready for a fight) and make them know that I am not a pushover anymore.
Thank you!
TexasThe one year deadline is coming up and the customer has not paid. I have been in contact with a collection agency about her as well. Do I move forward with the collection agency or file a lawsuit? If lawsuit, how do I go about enforcing and filing?
TexasWhat happens if no action is taken to enforce the lien within the 1 year Enforcement Deadline? Is the Lien null and void?
TexasWe paid a subcontractor in full, on a project. Now an employee is contacting the owner saying his employer (the subcontractor) never paid him and threatening to lien. We did not know anything about this particular employee.
What are our options. We're in Texas.
TexasI am in the process of selling my home and the title company found a constitutional mechanic's lien filed on it by a roofing contractor I used. The work was contracted (signed contract by me), deposit paid (half of contract amount) and finished (not 100% per the contract) in 2016. I discussed, lack for a better term, the final payment with multiple people in their office until August 2017 as the contractor was claiming I owed more than contracted. I learned of the lien filed in June of 2018 when the title company researched for the sale of my house the week of January 13,2020. A few questions: (1) when should the lien have been filed?, (2) should I have been informed at the time of filing?, (3) how do I get it removed since the amount is fraudulent compared to the contract? and (4) should I counter to get the lien removed to pay the amount owed, minus the unfinished work, per the contract? Need immediate help as my house is under contract. Plus, I worked really hard in 2017 get a final payment that aligned with my contract from the roofing contractor (I have documentation of the complete transaction from 2016 thru 2017). I believe their claim is fraudulent and they're being dishonest. Lastly, I just got back to work after being unemployed for a year so money is tight. I could really use your feedback and guidance soon. Thank you, Erin
Texas