Legal Question in Business Law in Texas

Fighting Threat of Lien on a house

Summary:

I hired a contractor A to renovate my kitchen beginning in Jan 2005.

Just prior to the start of work, he wrote up a contract which we both signed.

In the contract it stated that electrical work is extra, that is to say, had yet to be determined.

During the project he subcontracted B to do the electrical work. B made several visits and did some work but of poor quality and left major steps incomplete or not even started.

I did not make the contract with B and do not have any written contract with them. The contract for Electrical work is between A and B. I am to pay A and A was to pay B.

Near the end of the project I paid A in advance for the remaining work.

But A disappeared and never completed the work for which he was paid in advance, and also he did not correct mistakes in his work.

B also made serious errors in the work and did not complete major portions. In August suddenly B reappeared demanding payment and threatens putting a lien for $800 if not paid in 10 days. We claim A should pay B. How can I fight/prevent the lien?Should I sue A for $800? What to do? Can B put a lien for unfinished unsatisfactory work?


Asked on 11/19/05, 11:07 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Fighting Threat of Lien on a house

B can put a lien on your property. While I doubt that it would be valid, the cost of fighting it would far exceed the $800.00. Get a release of lien in return for the payment, then

(1) Sue A for the cost to complete the project; and

(2) Sue B for the cost to complete the electrical portion of the work.

The collectability of the judgments are open to question, but if the costs are under $5,000.00, you can sue in Small Claims without hiring a lawyer.

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Answered on 11/20/05, 3:11 pm


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