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Real Estate Law

Contractor/Sub Contractor Issue

1: What can I do to protect myself from handyman filing a mechanical lien?

You can try to negotiate a settlement for the amount owed. If you feel like the lien is unjustified and you don’t owe the amount, you can file a lawsuit and request the court to remove the lien.

2:Can an unlicensed handyman file a mechanics lien on my home?

Yes, in Texas, there is no requirement for a contractor to be licensed, unless the contractor provided electrical work. A contractor can place a mechanics lien on your property even if unlicensed, as long as the contractor follows the rules set by the Texas Property Code.

3:Can I file criminal charges against a contractor who took deposit and never did work?

Unfortunately, no. You can pursue a civil case against the contractor for not beginning the work. If you are able to convince the judge or jury that the contractor had fraudulent intentions not to start the work at the time you made the payment, then you can get a higher money judgment for damages under fraud.