Gibson v. Bostick Roofing and Sheet Metal Co.
148 S.W.3d 482 | Texas Court of Appeals, 8th District (El Paso) | 2004
What This Case Means for Subcontractors
A roofing contractor performed roof repairs on an apartment complex after being contacted by someone claiming to be the owner. The contractor never verified ownership or contacted the actual legal owner. When the contractor wasn't paid, it tried to file a mechanic's lien and sue for payment. The Texas court ruled against the contractor because it had no contract with the legal property owner and the legal owner never authorized the work. This means contractors cannot recover payment or file liens without a direct contract with the person who actually owns the property.
Key Takeaways
- •Always verify the person hiring you is the legal owner or has written authorization from the legal owner before starting work
- •Get written proof of ownership or authorization before beginning any project—verbal claims are not enough
- •Without a direct contract with the legal owner, you may lose your right to file a mechanic's lien even if you completed the work
Brown could not fix a lien on the property without privity of contract.
Frequently Asked Question
Can I file a mechanic's lien if I did the work but never had a contract with the actual property owner?
No. You must have a direct contract with the legal property owner to file a lien. If you contracted with someone else—even if they claimed to own the property—you cannot file a lien against it. Always verify ownership and get written authorization from the legal owner before starting work.
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Brown v. Bank of Galveston, National Ass'n
Bank's acts were not the producing cause of Brown's damages and did not violate the DTPA as a matter of law; judgment for Bank affirmed.