Legal Question in Construction Law in Texas

I am a sub contractor and performed repairs to a fire damage home. I had contracts with bothe the General Contractor and the Home owner, both who have not paid. The amount in question is $24,000.00. Do I simply place a lien of is this theft of services?


Asked on 11/27/09, 2:09 pm

1 Answer from Attorneys

William D. Weber Weber Law Firm, P.C.

You can not place a mechanic’s lien against a homestead unless the general contractor had a contract with the owner that complies with Texas law (Texas Property Code 53.254). If there is such a contract, you may file a lien against the home and sue both the owner and gneral contractor. If there is no such contract, your remedy is limited to suing the general contractor to recover the amount due.

William D. Weber

WEBER LAW FIRM

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Houston, TX 77036-2251

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Answered on 12/02/09, 5:12 pm


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