TX STATETexas Court of Appeals, 8th District (El Paso)
2004

Gibson v. Bostick Roofing and Sheet Metal Co.

148 S.W.3d 482Texas Court of Appeals, 8th District (El Paso) • Decided 2004Reversed
Lien RightsCited 47 times

HOLDING

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 FINDINGS

Lien Rights

Always verify the person hiring you is the legal owner or has written authorization from the legal owner before starting work

FULL COURT OPINION