lien laws in texas (Howe: attorneys, house, contractor)

[stoneoak]

advice anyone??

I had some work done in my house and went through a contractor. The job was completed and the contractor was paid in full. I owe nothing for the work done and have receipts to prove it.

However, the contractor hired a subcontractor for a portion of the job, who is now requesting more money then the two parties agreed upon. The contractor has refused to pay the difference and now the subcontractor has filed a lien against MY home.

From what I understand Texas law allows the subcontractor to do this, but where are my rights?? I paid for the work in full and did not hire, agree to or sign any contracts with this subcontractor.

What can I do to remove this lien without paying this money that I DO NOT OWE!! And without having to hire an attorney which will probably cost me more money then the subcontractor is demanding.

And, besides the BBB, who else can I file a complaint with against both of these companies for pulling this nonsense?? Can I turn around and sue this subcontractor for doing this? I'm beyond ticked needless to say and ready to hang both companies out to dry.

[TexasRedneck]

Now, don't blame the contractor. If he had a agreement with a sub who is now demanding more, then he's being ripped off the same as you are. Did he have a written bid from the sub that he can show was paid?

[ged_782]

Judging by the number of friends, acquaintances, and co-workers this kind of thing has happened to over the years, I would say it is very common for a subcontractor to file a lien against the homeowner's property, when the sub claims the contractor with whom the homeowner actually had the contract with has not paid him according to the agreement between the contractor and sub, even though, in every case, the homeowner says they paid the contractor in full.

I am not aware, however, of any of the homeowners having to actually pay a subcontractor in the cases I am familiar with. I think the lien is used more as leverage by the sub to get the contractor to pay up, abide by the terms of the agreement, whatever. This will usually cause the homeowner to lean heavily on or threaten the contractor, so the contractor ends up settling with the sub.

[stoneoak]

Originally Posted by ged_782

Judging by the number of friends, acquaintances, and co-workers this kind of thing has happened to over the years, I would say it is very common for a subcontractor to file a lien against the homeowner's property, when the sub claims the contractor with whom the homeowner actually had the contract with has not paid him according to the agreement between the contractor and sub, even though, in every case, the homeowner says they paid the contractor in full.

I am not aware, however, of any of the homeowners having to actually pay a subcontractor in the cases I am familiar with. I think the lien is used more as leverage by the sub to get the contractor to pay up, abide by

the terms of the agreement, whatever. This will usually cause the homeowner to lean heavily on or threaten the contractor, so the contractor ends up settling with the sub.

yea, that's the problem though. Contractor won't budge. And I do blame him for getting me roped in with this nut. The subcontractor has already come to my house threatening to both file a lien and take back everything he installed. He's now sending me these notices in the mail. It feels like extortion quite frankly and I'm becoming a little concerned for not only my home, but my safety. And if I don't start filing complaints against the contractor too -- what motivation does he have to do anything?? The lien is against me...this is all on me now. Can't he just walk away and leave me to deal with this??

[TexasRedneck]

Time to call an attorney - and the cops. Now. Today.

[goodmanm]

Originally Posted by TexasRedneck

Time to call an attorney - and the cops. Now. Today.

Second the above. You should also read through https://www.oag.state.tx.us/consumer...rovement.shtml.

[BoerneMan]

I'm curious if anyone has any advice on this topic: I received a judgement in Kendall County this summer against a contractor (both the owner and the business itself) in Bexar County that walked a job that they started at my home, didn't do it correctly and maybe completed 10% when they had a 50% deposit from me (I know, lesson learned). Unfortunately, a judgement can't really be enforced except if you're willing to file a lien on the contractor's business or the owner's home, to my knowledge. What I've found is that there is another business seemingly unrelated that owns the property at the contractor's address. The business I received a judgement against doesn't seem to own any property in Bexar County that I could file a lien against in hopes of recovering my money. Also, the owner that was individually named in the judgement doesn't apparently own property in Bexar County either, at least in her name. I've searched a couple other nearby counties as well and have come up with nothing. I've written this off as a bad experience at this point, and it was a moral victory to get the judgement awarded, but I'd like to know if anyone has any ideas I should pursue before giving up on this entirely. Thank you!

[TrapperL]

A judgement is a worthless piece of paper and is nothing more than an attorneys way of milking more money out of you. It has no teeth to put the bite on anybody. I'm afraid you've taken a hit to the wallet. The good news, I'd bet money you'll never extend money to any contractor again. Charge it off to a lesson learned and move on with life. I know that's not easy to do but it can cause health issues for you if you don't let it go. Filing a lien against someone who knows how to play the game is just going to cost more money and no guarantees of any payback.

[BoerneMan]

Originally Posted by TrapperL

A judgement is a worthless piece of paper and is nothing more than an attorneys way of milking more money out of you. It has no teeth to put the bite on anybody. I'm afraid you've taken a hit to the wallet. The good news, I'd bet money you'll never extend money to any contractor again. Charge it off to a lesson learned and move on with life. I know that's not easy to do but it can cause health issues for you if you don't let it go. Filing a lien against someone who knows how to play the game is just going to cost more money and no guarantees of any payback.

Thanks for the response. The judgement was in small claims, so it didn't cost me anything other than time and was more about me proving my position. In the end, I feel better about the whole thing now even if there was some money lost along the way.

[VeeGer]

Originally Posted by stoneoak

advice anyone??

I had some work done in my house and went through a contractor. The job was completed and the contractor was paid in full. I owe nothing for the work done and have receipts to prove it.

You've met your obligations and you owe nothing. I think the sub is trying to extort you so tell him to go pound sand. That's between him and the contractor, not you.