Roofing Contractor Dispute

In most states (and I have no person knowledge concerning the practice of law in Texas), it is relatively easy for a contractor to file a "mechanic's lien" against a residential home for work completed or materials provided that have not been paid for. The mere filing of the lien does not mean the contractor is entitled to payment. Usually, the contractor must commence a lawsuit within a specified time to "foreclose" on the mechanic's lien. A failure to do so within the time provided under state law will result in the lien becoming invalid. Further, the lien must usually be filed within a certain period of time from the last work or materials. The failure to file it within that time can also rendered it defective.

From a practical standpoint, consider whether the repair of the tiles and connecting the attic fans was within the scope of the original agreed upon work. If not, then you may not be pleased that the contractor did not return when promised, but it will be entitled to payment for the contractually agreed upon work that was completed.

If the repair of the tiles and connecting the attic fans was within the scope of the contract, it seems to me you should work out a compromise with the contractor by which the current balance due is reduced.

The contractor will want to avoid the cost of commencing an action to foreclose on a mechanic's lien given the sum at stake.

You may want to search this website for legal guides on the subject of mechanic's liens.

The foregoing is provided for informational purposes and should not be construed as legal advice.