What can I do if my contractor did poor work and did not finish the job?
Full Question:
Answer:
If there was a written contract between you and the contractor, you could pursue enforcement of the contract if you believe he has breached the agreement. It would be prudent to examine your options in this regard before the contractor attempts to file a lien on the property for non-payment of his services.
Under Texas law, a person has a lien if the person labors, specially fabricates material, or furnishes labor or materials for construction or repair in this state of:(A) a house, building, or improvement;(B) a levee or embankment to be erected for the reclamation of overflow land along a river or creek; or (C) a railroad; and the person labors, specially fabricates the material, or furnishes the labor or materials under or by virtue of a contract with the owner or the owner's agent, trustee, receiver, contractor, or subcontractor.
The lien secures payment for the labor done or material furnished for the construction or repair.
If you believe the work is not satisfactory or not finished, it may be wise to write the contractor a letter to that effect and notify him that you do not believe he has fulfilled the terms of your agreement. You could give him a specific period of time to fix the situation and if he does not, you could hire another contractor to complete the work.
If the contractor proceeds with a lien on your property, then you may have a claim for slander of title or a claim to vacate the lien. It would something to explore with a local attorney familiar with constructin law issues in Texas.