Legal Question in Construction Law in Texas

under bid with no change orders signed

the signed and stamp prints approval from the city were given to the contractor. Contractor submitted the bid and was awarded. Contractor agreed on such dollar amount since it was pointed out that he underbidded And company did not want to see her bust. Contractor than was asked for extra's, she verbally gave price and stated she would be by to sign the change orders, progress payments were given along with progress waivers signed by her but still she would not go over the change orders insisted that it would be settled after job was completed. Job was completed/ we asked for a warranty letter, this was not received by contractor and after repeately asking for c/o to be settled. 2 mo later an Affidavit claiming a lien was received stating amount was unpaid? Several checks were written to Contractor business name others per contractor request written to her name. We are asking for a deposition from her attorney and has cancelled and have not had luck with her attorney, how can we throw out this lien? Progress liens were signed by her but she never included the final invoice with the change orders. Only until we received an affidavit


Asked on 8/30/04, 8:43 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: under bid with no change orders signed

You are going to need to hire legal counsel and bring suit for a declaratory judgment as to the validity of the lien. You will not be able to get the lien off your property without legal action unless you cave in and pay what the contractor is demanding, or some lesser negotiated amount.

At least with a suit for declaratory action you may get attorney fees awarded as part of the judgment.

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Answered on 9/01/04, 10:29 am


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