Legal Question in Construction Law in Texas

Mechanics-Materialmans Lein Texas

I am a homeowner building a house. I decided to contract the house myself. I spoke with a gentleman about framing the house and he quoted me a certain dollar amount per foot. He told me it would take about 3 to 4 weeks to complete. There was no written contract only a verbal agreement. I agreed a he and his crew got started. After nine weeks the job still was not completed. Then one day I arrived to find that he had collected all his tools and equiptment and left the job. He claims the job is 90% complete and want me to pay him 90% of the agreed upon price. I have had several other framing contractors look the job site over and all agree that the job is barely 70% complete. And even so all bid much higher than the remaining amount to complete the job. I have, so far, payed the original framing contractor around 45% in 2 draws. He has now threatened to file a mechanics lein if I don't pay him the remaining amount, up to 90%, for a job he did'nt complete. I have offered to settle the situation for a total of 70% of the agreed price but he refuses. I would like to know what rights I have in this situation. Can he actually file this lein without a written contract? And if so what are my options?


Asked on 8/03/04, 4:08 am

2 Answers from Attorneys
Charles White Charles G. White

Re: Mechanics-Materialmans Lein Texas

He can file a mechanic's lien affidavit. If this is your homestead, the lien will not be valied without a valid written contract. Whether valid or not, the lien claim still is subject to proving that you owe the debt. Whether or not he has a valid mechanic's lien will little significance unless you are judgment proof and otherwise would not be able to pay a judgment for the claim. It appears that you may be headed to the courthouse to determine if he breached the contract and the amount due, if any. Thus, you should be consulting with other contractors to determine fault. In analyzing your situation, you will need to consider litigation expenses. He will have to make the same evaluations. It this is a significant amount of money involved, you also should be visiting with your lawyer.

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Answered on 8/03/04, 7:51 am
Peter Bradie Bradie, Bradie & Bradie

Re: Mechanics-Materialmans Lein Texas

See a lawyer, as Mr. White said. The matter is really too complex to answer in this forum.

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Answered on 8/03/04, 10:02 am


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