If I repaired a roof for a customer and they don’t pay me what they owe, could I seek legal recourse?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I repaired a roof for a customer and they don’t pay me what they owe, could I seek legal recourse?
I recently repaired a roof for a customer and we had agreed to pay half up front, half after job completion. I had put up front out of my company’s account what remained to complete the job. After completion the customer refused to pay the remaining balance. What can I do to regain what is owed?
Asked on June 1, 2017 under Real Estate Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
In this instance you can place a "Mechanic's Lien" on the property. Such liens can be filed by contractors who have perfomed work on a property and who have not been paid. The steps for doing this vary from state-to-state but typically you can file such a lien at the end of the project after non-payment. However, you can notify the owner with a "Notice of Intent to Lien" first. While not usually a required document, it is frequently used as it gives the owner one more chance to pay up before having a lien recorded. To record a lien, a "Mechanic's Lien Affidavit" must be filed the County Clerk’s Office in the county in which the property in question is located. Then the affidavit must be served on the property owner within than 5 days of filing. If payment has still not been made within the time provided, a lawsuit to foreclose on the Mechanic's Lien can be filed (or else you waive your right to further enforce the lien). As this can get a bit confusing, you may want to consult directly with a real estate attorney in your area; they can best further advise you.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You sue the customer: that's how you get money another owes you. You would sue for both of--
1) Breach of contract, or violating the agreement between you that you would do the work in exchange for a certain amount of money; since you did your part (the work), the customer is then contractually obligated to do his part (and pay in full).
2) "Unjust enrichment": for getting the benefit of your work without paying for it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.