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INFOLAWYER
INFOLAWYER, Attorney
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I have a concrete contractor seeking additional unauthorized

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I have a concrete contractor seeking additional unauthorized charges a week after he was paid in full. He is trying to put a lien on my home. I refused to pay for any other charges. He never had a written contract signed. I made him signed the invoice that "all work was paid in full".
Submitted: 4 years ago.
Category: Business Law
Expert:  INFOLAWYER replied 4 years ago.
What is your question?
Customer: replied 4 years ago.
Sorry... the previous "question box" didn't allow to finish my question.

I have a concrete contractor to did a concrete patio for my home. I was quoted for square footage and a concrete pump. I verbally authorized those charges. No contracts were signed. He damaged my lawn and my fence, but he wanted to fix it 5 days later. He was just starting on my sister's project (concrete patio) by having the subcontractor set a few stakes and forms. I decided to stop the work on my sister's project because his unprofessionalism.

The company's rep, the daughter of the owner, signed the invoice stating that "paid in full for all and any worked on Los Barros and Frosted Willow" residences. She agreed not to charge us for the little work done on my sister's place since we fixed the lawn and the fence.

A week later, they want an additional $250 for the work perform on my sister's home. I told that our debt was paid in full. He just sent a certified letter to my property and my sister's but we weren't home to accepted them.

Do they have a case against us? According to the Texas Property Code 53.254, they are required to a have a contract signed by us and them. No contract.

Expert:  INFOLAWYER replied 4 years ago.
You have proper defenses to these extra charges. You can contest it in court if it reaches that far. You can reject it by letter directly or from a lawyer. You can report it to the BBB and dept of consumer affairs.
Customer: replied 4 years ago.
Can they put a lien without a contract? I am assuming that the certified letters are demand for payment.... right? Do you think it can reach to court? What happens first.. court or lien (if any)?

I already prepared a letter to declined the charges.
Expert:  INFOLAWYER replied 4 years ago.
They can put a lien but you could sue to have it removed and for legal fees. Your lawyer could also sue for abuse of process for wrongly putting on a lien.
INFOLAWYER, Attorney
Category: Business Law
Satisfied Customers: 50036
Experience: LICENSED BUSINESS LAWYER
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