"Contractors Mechanics Lien Contract"

[Victoria Grace]

What is the name of your state (only U.S. law)? Texas
Before a new construction begins, there's the "Contractor's Mechanics Lien Contract" that needs to get signed to protect contractors and subs in case of non payment for work or materials.I need to know if the any of the following would invalidate/dissolve/cancel such liens:
1)Contractor defaults breeching the contract multiple times.
2)Contractor builds a structural deffective construction confirmed by several Licensed Home Construction Inspectors.
3)Contractor abandons the faulty and incomplete construction without curing the deffects and takes with him all the money from the last disbursment form the bank.
4)Contractor never files for money owed to him nor to his subs

 

[sandyclaus]

What is the name of your state (only U.S. law)? Texas
Before a new construction begins, there's the "Contractor's Mechanics Lien Contract" that needs to get signed to protect contractors and subs in case of non payment for work or materials.I need to know if the any of the following would invalidate/dissolve/cancel such liens:
1)Contractor defaults breeching the contract multiple times.
2)Contractor builds a structural deffective construction confirmed by several Licensed Home Construction Inspectors.
3)Contractor abandons the faulty and incomplete construction without curing the deffects and takes with him all the money from the last disbursment form the bank.
4)Contractor never files for money owed to him nor to his subs

Specifically in reference to #4, whole the contractor hasn't yet filed to claim money allegedly owed to him or his subs, the contractor's lien preserves his right to do so - and to place a lien against your home until you pay what is owed.

The other points you ask about all have to do with the validity of how much they claim you owe. Unless and until you challenge the amount (in court), what you owe will remain the contract amount as specifies. Ultimately if you are able to prove that the work was defective, faulty, and done outside the terms of the contract then yes, it should affect whether or not the lien is valid, and if so, for how much. You'll need to contact a new contractor to have them assess the damages and prepare an estimate of the cost to redo the work the other contractor performed in order to correct the defects, and then take the original contractor to court to litigate your claim.

 

[latigo]

Specifically in reference to #4, whole the contractor hasn't yet filed to claim money allegedly owed to him or his subs, the contractor's lien preserves his right to do so - and to place a lien against your home until you pay what is owed.

The other points you ask about all have to do with the validity of how much they claim you owe. Unless and until you challenge the amount (in court), what you owe will remain the contract amount as specifies. Ultimately if you are able to prove that the work was defective, faulty, and done outside the terms of the contract then yes, it should affect whether or not the lien is valid, and if so, for how much. You'll need to contact a new contractor to have them assess the damages and prepare an estimate of the cost to redo the work the other contractor performed in order to correct the defects, and then take the original contractor to court to litigate your claim.

I’m assuming that what you refer to as a “Contractor's Mechanics Lien Contract" is the signed and recorded document mentioned in Section 53.254 of the Texas Property Code as it relates to the filing and perfection of material and labor liens upon residential construction projects and property protected by a homestead.

However to say that the document is designed to “protect contractors and subs” is only partly true. It also benefits the property owner in that it advises the owner of certain rights under the Code and warns as to the lien rights of unpaid materialmen and laborers.

But that “Contract” itself doesn’t appear to be central to your question. What I am reading is that your concerns have to do with the affect that non performance by the original contractor has upon the lien rights of subcontractors, materialmen and laborers.

I need to know if the any of the following would invalidate/dissolve/cancel such liens:

And the answer is none whatsoever.

Obviously failures to perform on the part of the prime contractor would affect his rights, but contract disputes between the prime and the owner do not diminish the lien rights of materialmen and laborers.

 

[latigo]

Specifically in reference to #4, whole the contractor hasn't yet filed to claim money allegedly owed to him or his subs, the contractor's lien preserves his right to do so - and to place a lien against your home until you pay what is owed.

Doubletalk: Meaningless speech that consists of nonsense syllables mixed with intelligible words; gibberish. Deliberately ambiguous or evasive language. Also called doublespeak.

The other points you ask about all have to do with the validity of how much they claim you owe. Unless and until you challenge the amount (in court), what you owe will remain the contract amount as specifies. Ultimately if you are able to prove that the work was defective, faulty, and done outside the terms of the contract then yes, it should affect whether or not the lien is valid, and if so, for how much. You'll need to contact a new contractor to have them assess the damages and prepare an estimate of the cost to redo the work the other contractor performed in order to correct the defects, and then take the original contractor to court to litigate your claim.

ir·rel·e·vant

1.
not relevant; not applicable or pertinent: His lectures often stray to interesting but irrelevant subjects.
2.
Law. (of evidence) having no probative value upon any issue in the case

im·pos·tor

a person who practices deception under an assumed character, identity, or name.