Legal Question in Construction Law in Texas

How to file a mechanics lien and get my money?

We have a written contract w/a builder for interior trim we did over half the work and have pictures we were told not to come back b/c construction supervisor doesn't like my husband, the builder doesn't won't to pay for work performed how can we file a mechanics lien and/or small claim to get our money The builder owes approximately $700.00 for 1 finished job and $1700.00 for the partial job.


Asked on 10/22/03, 5:13 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: How to file a mechanics lien and get my money?

You have one of two ways. First, and the one I recommend, is hire a lawyer to investigate and file the lien.

The second is to read Section 53.01 and subsequent statutes in the Texas Property Code, or go you your county law library, and do some researching on Mechanics and Materialman's Liens.

Read more
Answered on 10/22/03, 5:26 pm
Charles White Charles G. White

Re: How to file a mechanics lien and get my money?

Preferably you should get a lawyer. You may be able to recover attorneys' fees as well as interest.

You may be limited in getting a lien if it is homestead. However, filing a lien affidavit may inspire someone to require that you be paid. For sample forms and statutes on this topic in Texas go to:

http://members.cox.net/whitecgw/texaslaw3.htm

Also, you can always go to Small Claims Court (See the Justice of Peace for this), and sue up to $5,000.00. This frequently is done without the assistance of a lawyer.

Read more
Answered on 10/22/03, 6:17 pm


Related Questions & Answers

More Construction Law questions and answers in Texas