Kelly Stamy is an Associate Attorney with The Cromeens Law Firm, PLLC, where she focuses on practicing construction, business, and labor & employment law. Within these practices, she works with our clients to ensure they are in compliance with labor, employment, and wage and hour laws. She works to prevent future litigation in these areas but is experienced, knowledgeable, and capable to handle the case if litigation arises. Prior to joining the firm, Kelly served as an Associate Attorney with Fiddler & Associates, PC, in Houston, TX, where she worked on multiple cases simultMore...More...
Hello, If an invalid lien is filed, there is a legal motion that can be filed with the court which details how and why the lien is invalid. The Texas property code lists the different ways a lien can be invalid. If you are successful on the motion, the court may grant you your attorneys’ fees for having to pursue your claim to invalidate the lien. Additionally, there are laws that provide a penalty of up to $10,000 for every fraudulent lien filed, in which the person who filSee More...See More...
Hello, Your remedies and the proper procedure to fire your general contractor will depend on the language in your construction contract. From the facts provided it appears you have good cause to terminate the general contractor, which should be done in writing, even if the contract does not require it to be done in writing. Generally, if a general contractor underbids the project, there should be a procedure for change orders in your contract. This alloSee More...See More...
Hello, If your first lien was paid in full, you should make sure you release that lien. Texas law does not allow you to amend a lien. However, you can always file additional liens for the unpaid amounts as long as you are following the timelines regarding notices and filing requirements. To ensure a valid, enforceable lien, contact a construction attorney who is familiar with liens. Feel free to reach out if you have further questions. Thanks, Kelly Stamy AssociaSee More...See More...
Hello, Typically in a lien foreclosure action, if that is the only cause of action being filed, the owner and then lien claimant are the only two parties. Additional parties, such as the tenant, could be added under a theory such as breach of contract, but is not a required party to the lien foreclosure claim. To make sure your lien is valid and able to be foreclosed, contact an attorney to fully evaluate your claim. Feel free to reach out if you have further questions. See More...See More...
Hello, You cannot file a lien for work that was actually done, not a breach of contract. You can file a lien for unpaid materials or labor delivered to or incorporated into the project. However, when the project is on a homestead, the contract must be signed by both parties and all owners of the home, and the contract must be filed in the property records of the county where the property is located to file a lien. You may have a case for a breach of contrSee More...See More...