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Can a sand and loam company file a lein against my house if they were not paid by my landscaper for the materials even though I

Can a sand and loam company file a lein against my house if they were not paid by my landscaper for the materials even though I paid the landscaper in full?

I received a call from a sand and loam company that they were going to put a lein on my house because they were not paid $750 by my landscaper even though I paid the landscaper in full and I had no contrat with the sand a loam company. This doesn't seem fair, why can they go after me? Why isn't the landscaper the one they put a lein on?

Thanks!!

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Attorney answers (3)

Reputation Level 14
If your were in California, materials suppliers have a right to lien a project. No matter whether you paid the contractor or not.

In California, I don't know about Texas law, the supplier must provide you with a 20 day "Preliminary Notice" which is mailed to you with 20 days of the time they provide materials or labor [if a sub contractor].

If your concerned that there is a valid lien, I would see a lawyer about (1) your claim against the contractor and (2) the way to defend against the lien. Mechanic's and Material Liens are creatures of State statues and -- California, guaranteed by the State Constitution.

Good luck.

Answer provided per the terms of reference of Avvo, and no attorney/client relationship is established by the voluntary response.

Reputation Level 15
In many states the subcontractor can place a lien against the property even if the owner paid the contractor in full, but I am not sure of Texas. The rules vary by state and you should contact a local construction attorney and see about a suit against the contractor. Given the amount at issue, you may be able to pursue in small claims since using an attorney may be cost prohibitive. I would still suggest getting a free consultation and to get some ideas.

DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. For legal advice, you should retain legal counsel in your state for advice regarding your specific circumstances.

Reputation Level 19
They can put a lien on your property, if they follow the proper procedures, and give the proper notices. The law allows them to do this because your property was improved by their work - so you get the benefit, even if you didn't agree to pay them, but only agreed to pay the landscaper.

Lien deadlines are short, and many small contractors do not know how to do them properly. For the time being, call the landscaper and ask him to pay the subcontractor. If a lien is filed, talk to a lawyer in your area to see if it was properly done, or can be removed. If you have to pay it, you can sue the landscaper to get the money back.

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