Legal Question in Consumer Law in Texas

Consumer rights regarding a Mechanic's lien filed in Texas

I contracted to a handyman (HE,HIM) for repairs on my house May 28,2002.

HE used two people (subcontractors)one to bid, and two to perform the job. They were on my premises approximately 9 hours total (off and on from May 28 to May 29, 2002). The bid was fixed price ($780.00)for a total ''project.''

After viewing their work after 9 hours I asked HIM to stop work because I felt the workmanship was unacceptable. The subcontractors had completed a subset of the original project. HE came over to inspect and gave unacceptable remedy. We waited two business days to get back to him and told him not to come back. We never received any bill.

HE phoned and threatened to file a mechanic's lien in Collin County, TX. (North Dallas).

I never received a revised bill (since they only did a subset), the workmanship is shoddy, and I have a 16 item time based list of problems (with pictures and video).

What are my rights (i.e.,how can I win), what are his rights (i.e.,how can he win). What is the most I can expect to lose (the original project was $ 780.00). What is the benefit of me to settle.

I did sign a contract, but have paid nothing yet.


Asked on 6/12/02, 6:57 pm

1 Answer from Attorneys
Michael Dover Michael A. Dover, PC

Re: Consumer rights regarding a Mechanic's lien filed in Texas

A mechanic's lien can only be filed against homestead if you and your spouse if married signed a written contract before any work was done. If you signed a written contract before any work was done, then the contractor can claim a mechanic's lien if he follows the statutory procedures.

As to your remedies, Texas law provides for an implied warranty of good and workmanlike performance in any construction/repair work. Shoddy workmanship could give rise to a breach of the implied warranty of good and workmanlike performance, which would in turn give rise to a claim under the Texas Deceptive Trade Practices-Consumer Protection Act. If you prevail on a Deceptive Trade Practices claim you could recover actual damages, attorneys' fees, and additional damages of up to 3 times the amount of actual damages if the violation is found to have been committed knowingly.

What could you lose? The contract price plus the contractor's attorneys' fees if the contractor files suit and prevails. In order to prevail, the contractor would need to prove that the contractor performed or at least was attempting performance when you stopped the contractor, and that the work was performed in a good and workmanlike manner.

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Answered on 6/12/02, 7:08 pm


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