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
Austin, TX
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Posted 2 months ago in Construction / Development
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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 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!! Answers (2)Joseph Clark Melino
This attorney is licensed in California.
Posted 2 months ago.
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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. Robert John Murillo
This attorney is licensed in Colorado and 1 other state.
Posted 2 months ago.
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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. |