Legal Question in Consumer Law in Texas

We hired a contractor to pour a cement driveway. The first estimate he gave us was $4K. We then added labor and materials which made it $5K. He gave us a final estimate at $6K when we said we wanted it thicker. He subcontracted the framers and paid the cement company. The workers who finished the driveway were subcontracted also. We ended up paying an extra $400 the day the work was done. After we had paid the contractor in full, his subcontractors who did the finish work came to our house saying that he paid them nothing. After getting everyone together, our contractor had paid them $850 the day of the work, and the subs said it was supposed to be $1200 for the head of the crew and $200 per worker (there were 5 workers). All of the agreements were verbal. Now the subcontractors are driving by my house everyday and harrassing my mom (who lives next door) about payment, threatening to place a lein on our property. Can they place a lein on our property with no written agreement after we paid our contractor in full? Is there anything we can do to stop the harrassment since we're not sure what kind of people we're dealing with and are starting to get a little scared?


Asked on 10/23/12, 12:53 pm

1 Answer from Attorneys
EDWARD KAZALEH KAZALEH & ASSOCIATES, LLP

I just got through dealing with a similar matter. In that one, I tried to help gratis giving the person quick phone advice and emails, but it ended up that virtually everyone involved was a con-man, except for the trusting homeowner. Bottom line, you would be best advised to get an Attorney to deal with it directly and refer all of them to your lawyer. Yes, anyone can file a lien, even a totally fraudulent one... even if they have never even been to the house! The County Clerk has a duty to accept filings as if they are true. False lien filings made under oath/notary are potential criminal acts. Then you a stuck likely having to go to Court to clear it off or bonding around it for 2 years. That person did not listen to me and he regrets going at it alone.

For around $400 you can get any Lawyer to handle it at least to start to get it under control, including me. That should end the harassment immediately.

I have extensive Construction Law experience. If you need my help, please let me know. I can meet you at the Gaby's BBQ off N. Shephard this evening or tomorrow evening!

Also, the subcontract rates you were quoted are very high leading me to think it is a scam. You need to run quick criminal/background checks on all involved! Also, there are deadlines on subcontractor liens.

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Answered on 10/23/12, 3:16 pm


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