Legal Question in Construction Law in Texas

Housing Addition Gone out of Budget

I was hired to build a home addition which went out of budget due to several reasons, the main being that homeowner changed things cosmetically. They say they can't come up with anymore money and now are counting on me to come up with what's over and beyond the budget. I have now made no money on this deal and in fact have LOST. What can I do to make a check and have them cover the overages?


Asked on 4/02/08, 11:08 am

2 Answers from Attorneys
Lenore Shefman Shefman Law Group

Re: Housing Addition Gone out of Budget

Mechanic's lien rights in Texas are what you will need to understand your remedies. These laws are strictly construed and must be technically and precisely followed. See Republic Bank Dallas, N.A. v. Interkal, Inc., 691 S.W.2d 605 (Tex. 1985). Knowing all of the notice requirements is important as well as understanding all contracts between the owner of the property. For instance, if you are the original contractor (party to the contract with the owner-General contractor) you do not have any notice requirements. Before filing a mechanic's/statutory lien, there are very specific requirements regarding what must preceed the filing in terms of termination of contract between owner and contractor.

This can be a very technical area of law and you should speak to an attorney regarding your rights and remedies.

Read more
Answered on 4/02/08, 11:22 am
Lenore Shefman Shefman Law Group

Re: Housing Addition Gone out of Budget

Mechanic's lien rights in Texas are what you will need to understand your remedies. These laws are strictly construed and must be technically and precisely followed. See Republic Bank Dallas, N.A. v. Interkal, Inc., 691 S.W.2d 605 (Tex. 1985). Knowing all of the notice requirements is important as well as understanding all contracts between the owner of the property. For instance, if you are the original contractor (party to the contract with the owner-General contractor) you do not have any notice requirements. Before filing a mechanic's/statutory lien, there are very specific requirements regarding what must preceed the filing in terms of termination of contract between owner and contractor.

This can be a very technical area of law and you should speak to an attorney regarding your rights and remedies.

Read more
Answered on 4/02/08, 11:23 am


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