Legal Question in Construction Law in Texas

I may be sued for filing mech. lien while still owed $65K.

I own small (10 employees)electrical contracting firm. Was offered 100,000 sq ft lease space to wire at Hou. area shopping center. Decided to partner with a friend who also owns small electrical contracting firm. Together we contracted $80,000.00 to wire same. We received $10,000.00 down payment. We received $20,000.00 when ''rough-in'' electrical inspection passed. The week before we were to get our final electrical inspection for the remaining balance, the man (who had the lease space and 10yr lease with mall) closed the doors and claimed that he ran out of money.

Meanwhile there was additional work authorized by owner's rep for additional $56,000.00 that we were not paid for.

We did receive one more $10,0000.00 payment, but are still owed $$,$$$$.$$.

I hired a local attornet who charged $$$ to file mechanics lein on property. Now mall wants to sue us for not being able to lease property.

I fear my attorney is incompetant. What should I do?


Asked on 2/11/05, 2:19 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: I may be sued for filing mech. lien while still owed $65K.

First off, speak with your attorney about the situation. The mall may be bluffing, and not have a legal leg to stand on. Your attorney has the facts as to ownership, notices, contractual relationships, etc. that are key.

Read more
Answered on 2/11/05, 3:24 pm
Charles White Charles G. White

Re: I may be sued for filing mech. lien while still owed $65K.

I agree with the advice given by Mr. Bradie. If the owners representative authorized subsequent work, there may well be an additional basis for the lien to attach to the property. Listen to your attorney.

Read more
Answered on 2/11/05, 3:47 pm


Related Questions & Answers

More Construction Law questions and answers in Texas