Legal Question in Construction Law in Texas

Sub filing lien on corporation presidents home

We had a salesman/sub-contractor work for us and was overdrawn on future comissions - all documented. He says we still owe him money on jobs he sold. When all money was collected and capped out he ends up actually owing us money. We have sent him all documentation. He says he can file a lien on our personal property - can he?


Asked on 6/06/06, 6:41 pm

2 Answers from Attorneys
Charles White Charles G. White

Re: Sub filing lien on corporation presidents home

He does not have a lien on your property unless you signed a document giving him a lien on your property. Because he was not a laborer, materialman, supplier or the like, it does not appear that he can assert any liens under the mechanic lien laws.

Of course, anyone can file a lawsuit. The ultimate question will be whether he owes you or you owe him. At this point, I would say that he is bluffing, and his bluff makes it obvious that he has not consulted with an attorney regarding the matter.

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Answered on 6/06/06, 7:53 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Sub filing lien on corporation presidents home

Not under any Texas lien statute that I'm aware of, unless you signed a contract granting him that right.

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Answered on 6/06/06, 8:57 pm


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