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I have emails and text messages where the owner ask for the change order and won’t pay what’s next?

TexasChange Orders

I’m a contractor that was hired to do a remodel. I completed most of the work then the owner saw that the project still needed more work so they requested a change order. Work was done they didn’t want to pay change orders. I have emails and text messages where he asked for the work to be done. Now they’re trying to not pay I filed a lien and they’re trying to say it’s fraudulent. What’s next?

1 reply

Jun 6, 2023

If the owner lives at the property, and owns it, the property could be the owner's homestead. If your contract did not perfect a valid homestead mechanic's lien contract under Chapter 53 of the Texas Property Code, then you probably have no right to file a mechanic's lien.

You should consider preparing a letter to mail by certified mail to the owner to set out the facts, and to demand payment for your work. Attach support for your claim, and photographs of your unpaid but completed work. Make sure that your letter is professional and businesslike as it may be evidence later.

If the owner does not pay, consider filing suit in small claims court (assuming your claim is less than $20,000), using your letter as evidence.

Good luck.

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