TX STATETexas Court of Appeals, 3rd District (Austin)
2015

Juan 0. Lopez D/B/A J.L. Construction Co. v. Dave H. Bucholz and Mary A. Bucholz

Texas Court of Appeals, 3rd District (Austin) • Decided 2015Enforced
Lien RightsCited 0 times

HOLDING

Juan Lopez, a subcontractor, sued homeowners Dave and Mary Bucholz for payment, claiming he had an oral contract with them. The Texas Court of Appeals ruled against Lopez, finding he presented no admissible evidence proving an oral contract existed between him and the homeowners. Lopez had worked as a subcontractor to the general contractor, not directly for the homeowners. This case matters because it shows that subcontractors cannot rely on oral agreements with homeowners and must have documented contracts to enforce payment claims.

KEY FINDINGS

Lien Rights

Always get a written contract—oral agreements with homeowners are difficult or impossible to prove in court and won't hold up legally

FULL COURT OPINION