I was building a home in Texas and the builder had to be fired due to financial malfeasance. When the new builder took over the home, I did not have a contract with him. At the end of the project he presented me with 2 bills...one for the subs for 18k which I paid and a 24k bill that was not itemized. It simply said these were items for the build that he paid for out of his pocket. He never once informed me he was doing such a thing. I have not paid that bill . How do I know if I owe anything to him given what was presented. He put a lien on the house which is under contract and suppose to close Aug 28. I have read that under Texas law, without a contract between us, he has no rights to file a lien. If that is so, why would a Texas law firm file the lien. Is it possible they didn’t discuss whether there was a contract? That doesn’t seem probable. What say ye? Can those liens be enforced against me.
Generally, no.
Good morning.
It depends. In general residental homesteads require signed contracs to validly lien, but I would be cautious given that a lawyer is involved.
You’ll need to closely review the law and facts and hire a lawyer if they have one.
Good luck!
Patrick C. Bates | Attorney
Murray | Lobb
700 Gemini, Suite 115 | Houston, Texas 77058
Phone: 281.938.1916 | Fax: 281.488.2039
pbates@murray-lobb.com | www.murray-lobb.com
Assuming this property is your homestead, and not just regular residential construction, you can use a court procedure to remove the lien, but it requires filing a lawsuit and, while techincally an accelerated procedure, doesn't actually happen very quickly.
Now, defeating the lien via that procedure does not defeat the builder's potential lawsuit for payment. If the title office/title insurances company and parties to the sale agree, you can instead purchase a bond to remove the lien from the property. That is the first optoin I would look into. If the lien is removed from the property by way of the bond (known as a bond-around bond), then the sale can go through and you can handle the buider's claim separately after the fact.
The builder does not need an enforceable lien to suceed in a lawsuit against you, nor does he need a signed contract with you, though if the property is a homestead, the builder has run afoul of several statutes in not having a written contract.
If the bond plan does not work and you need help having the lien removed, feel free to reach me directly.
Very best,
Ben House
281-762-1377
ben@houseperron.com