Legal Question in Construction Law in Texas

A homeowner can not file a "lien" against a company. A "lien" is a security interest asserted against a specific item of property to secure the payment of a debt related to the property. Under Texas law, a contractor, sub-contractor or material supplier can assert a lien against a property owner to secure the payment of a debt owed for improvements made to that specific property. For example, your car fiance company has a lien against your car to secure repayment of the loan made to enable you to purchase the car. The car finance company can repossess the car if you do not pay the debt.

There is no law that enables a property owner to assert a general lien against a contractor's property if the contractor breaches a contract.

In short, you do not have the ability to asset a lien against the contractor or his property in your case. You remedy is to file a lawsuit against the contractor to obtain a judgment for any damages you have suffered as a result of the breach of contract.

William D. Weber

WEBER LAW FIRM

6666 Harwin Drive, Suite 220

Houston, TX 77036-2251

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