Legal Question in Construction Law in Texas

Mechanic's Lien

For a Room Addition work done for my house we had a written contract for the work to be done for a certian amount. There was also a verbal understanding to take care of a few extra minor items. The understanding was that I pay the material cost and the contractor will take care of the labor. The work is done and the final payment per the contract and the cost of the material for the extra was paid. Now the contractor had sent me a letter stating that I should pay the labor for the extra work, outside the contract, and if the $900 payment is not made, he will instruct his attorney to put a mecahnics lien on the property. The property is my homestead.

Can the contractor put a lien on the property if it was outside the contract? If the lien is based on a broken verbal agreement by the contractor Does the property owner has any right to dispute? If he is able to put a lien on the property, what is it going to impact the property or the owner?

thanks for the response.


Asked on 11/04/04, 11:52 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Mechanic's Lien

Apparently the extra minor items are the $900.00. If you believe that's wrong, pay the money then sue in Small Claims to recover all or part.

If he puts a lien on your property, he can then move to foreclose and force the sale. That could trigger a "due on sale" clause if your mortgage is later than the mid-80's when they became very popular. Plus he becomes entitled to recover attorney fees if he's successful with his lien.

Read more
Answered on 11/05/04, 2:50 pm


Related Questions & Answers

More Construction Law questions and answers in Texas