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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I terminated a contract with a general contractor for not

Customer Question

I terminated a contract with a general contractor for not pulling permits, not using licensed workers, and using materials from other projects, these were all just cause for termination without any further payment per the contract. He was already paid 24k 2/3 of the total cost and has now filed a mechanics lien for the remaining balance including additional amounts he has added on and not provided receipts for nor did I sign a change order for. His lien states he was paid $0 and the total amount due is the final 1/3 of the original contract plus his added undocumented costs. Trying to see the best way to handle having this lien removed. I am the tenant leasing a commercial space. He filed the lien against me personally (although the contract was with a corporation) as well as with the owner of the space although he never entered into a contract with them.
JA: Is there any reason to believe the termination to be retaliation, or based on race, religion, gender, national origin, being age 40 or older, or disability?
Customer: it is retaliation. He has repeatedly contacted me and I have documentation trying to get me to allow him to finish the job, if I give him more money
JA: Has anything been filed or reported?
Customer: Not by me just received the lien two days ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that is the summary
Submitted: 12 months ago.
Category: Legal
Expert:  Ely replied 12 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me what state this is in? Thank you.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 12 months ago.
State of Texas
Expert:  Ely replied 12 months ago.
Thank you. Someone in your situation can file for judicial review of a fraudulent lien under Texas law, in a petition to the District or County Court.
If the Court believes the lien to be fraudulent/misapplied, it can drop the lien. It can also hold the Defendant liable for legal/attorney fees, and actual/punitive damages.
To win, someone in your situation would have to show that the contractor was in a MATERIAL BREACH of the contract, which would allow the Plaintiff (i.e. you) to breach contract and walk away.
This WOULD be a lawsuit.
Someone in your situation may wish to first send a demand letter to have the lien dropped before filing, in hopes of settling this prior to going to Court.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 12 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!