Q: I had some work done on my property via a contractor who rented a dumpster. The rental company is now threatening me
They are threatening me with a mechanics lien, can they do this and what does it mean?
A:
Yes, a dumpster company can put a lien on your property if it is done in a timely and proper manner under the Texas Property Code.
If you already paid the contractor, you may have a claim against the contractor under the contractor's "all bills paid" affidavit. Check your paperwork with the contractor to make sure you asked for and obtained an "all bills paid" affidavit before paying the contractor.
You should also consider notifying the contractor that the dumpster rental company is threatening to file a lien because it wasn't paid. Paperwork mistakes do happen. It's possible that the contractor actually did pay the dumpster rental company and can provide proof of payment. It's also possible that the contractor's bookkeeper forgot to pay the dumpster rental company and will promptly pay the company when you bring the matter to their attention.
Given the threat, you should ask for a release of lien from the dumpster rental company if it has been, or is, paid after you contact the contractor.
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