Re: mechanics lien

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On 6/27/05, kevin robinson wrote:
> Need to file lien on owner/builder, building his own house,
> using another builders name at the bank, but paying from
> interim construction checking acct. in owners name. I was
> hired by owner over the phone. I gave him my standard rates
> that i give my other 12 custom home builders and I was
> hired. No written contract. Work to be performed in 5
> stages. First stage completed,invoiced but no payment. On
> verbal agreement that I would be paid upon second stage
> completion we did so. Invoiced for both stages and recieved
> approx 50&37; of accrued charges a week later after
repeated
> attempts to contact owner. Owner refuses to pay any more.
> Can I still file a mechanics lien in Texas without a
> written contract. I don't have "contracts" with any of my
> other builders and have never had a problem like this in
> eight years of business. By the way, we do construction
> clean-up. I still have the actual debris that we were hired
> to haul off. Can i return it?....ha ha ha.
> I just don't want to waste my time for $800.00 if I
> must have a written contract. I have been researching (law
> library, internet, other contractors and this seems to be
> the one question that no one has an answer to.
>
> thanks for letting me ramble
>
> kRob

Verbal contracts are just a valid as written contract but
extremely hard to prove. The burden of proof that an
agreement existed, and was breached, is solely on you and
you've got an uphill battle on your hands.

This is where a written contract would have saved the day.
Word to the wise; Get it in writing - this may be the first
incident you've encountered but it surely won't be the last.

imho: You can attempt to sue in small claims court for the
$800 but again, you have to prove that a contract existed and
was breached.