Does this sound familiar? The contractor hired you to remove the old shingles and replace them with new asphalt shingles. Your crew applied new underlayment and did a perfect job installing the new three-tab shingles.
But it’s been two and a half weeks since you gave the general contractor the invoice and it was due in 14 days. Unpaid construction bills can lead to financial difficulties, and you may need to consider legal options. You’ve already paid your crew and you wonder what’s the next step.
Resolving Unpaid Roof Replacement Disputes
When you find yourself in a situation where you’ve replaced a roof but haven’t been paid, it’s crucial to know your options for resolving the dispute. The construction industry can be complex, and understanding the steps you can take will help you navigate this challenging situation.
Understanding Your Options
As a property owner, discovering that a roofer has put a lien on your house can be both stressful and overwhelming. However, there are several steps you can take to resolve the dispute and protect your property. Here are some options to consider:
Communication and Negotiation: The first step is often the simplest—reach out to the roofing company or general contractor to discuss the issue. Sometimes, a simple conversation can clear up misunderstandings or errors in billing. Ensure you have all your documentation, such as contracts, invoices, and proof of payment, ready for review.
Mediation: If direct communication doesn’t resolve the issue, consider mediation. This involves a neutral third party who can help both sides come to an agreement. Mediation is often faster and less expensive than going to court and can be a good way to resolve disputes amicably.
Legal Action: If negotiation and mediation fail, you may need to take legal action. Consulting with a legal professional who specializes in construction law can provide you with the guidance you need. They can help you understand your rights and the best course of action, whether it’s filing a counterclaim or seeking a court order to remove the lien.
Payment Plans: Sometimes, the issue may be a matter of cash flow. Discussing a payment plan with the roofing company might be a viable solution. This can help you manage your finances while ensuring the contractor receives the remaining payment for their work.
Lien Waivers: Before making any payments, request lien waivers from the contractor. These documents can protect you from future claims by confirming that the contractor has been paid and waives any right to put a lien on your property.
By understanding and exploring these options, you can take proactive steps to resolve unpaid roof replacement disputes and protect your property from legal claims. Remember, the key is to act quickly and seek professional advice when necessary to ensure the best possible outcome.
What you need to know about a filing a roofing lien.
Perhaps you’ve heard of a mechanics roofing lien and you need to know the next step. Understanding the legal requirements for filing a lien is crucial for any construction project. Here’s the information you need.
What is a mechanic's lien?
A mechanic’s lien is a legal tool provided in the Texas State Statutes. A mechanic’s roofing lien is a legal claim that provides an unpaid party with a security interest in a property. This often motivates the owner to make sure building professionals, including roofers, get paid for their hard work.
There are specific steps you need to take and deadlines to follow in order to file a valid lien claim.
Are you eligible to file a lien on a construction project?
Did you provide labor on the roofing job?
Did you furnish materials used on the project?
Were you working for the property owner on a commercial project?
Were you working as a subcontractor to the general contractor?
Was the quality and completion of the contractor’s work satisfactory?
If you can answer yes to any of these questions, you may be eligible to file a roofing lien. For commercial, non-public construction projects—mechanic’s liens can help get your invoices paid.
Did you send the required notices to the property owner within the deadlines?
Do you have a direct contract with the property owner? In that case, you are not required to send a pre-lien notice before you file a mechanic’s lien affidavit.
Subcontractors, sub-subcontractors, and materials suppliers without a direct contract with the property owner must send a pre-lien notice letter before filing a mechanics lien affidavit with the county.
The dates and deadlines related to lien claims depend on the month and year in which you performed the unpaid work.
Next, collect the lien waivers you'll need.
The amount of money you’re owed for labor or roofing materials;
Name and mailing address of the property owner; or the person who hired you.
Describe the work you did or the roofing materials you provided; and
The full address or/and legal description of the property where you did the roofing job. Including the name of the county.
You need a list of the pre-lien notices you’ve sent and the dates you sent them.
Filing a mechanic’s roofing lien in Texas can be complicated and time-consuming. You can read a quick review of the process on the Texas Bar website.
However, there is an alternative to doing it yourself or paying an attorney. Texas Easy Lien has developed an online system to walk you through the process by answering a few questions.
Enter the details about your roofing project. Then review and approve the information, complete payment, and that’s it!
Texas Easy Lien will help you file your documents and send all the required notices. You never need to leave your office or stand in line at the County Clerk’s office wasting your valuable time.
This is a brief overview of how to file a mechanic’s lien and who may be eligible to file a roofing lien. Additional requirements apply to residential and public projects. For more answers and to see how Texas Easy Lien can help you get paid, contact us today.
Failing to resolve a lien could lead to a foreclosure action, forcing the sale of the property.
