Defense Against Contractor Nonpayment Claims in Houston
When a contractor files a claim saying you didn’t pay them, you need to act fast. These disputes can tie up your project, damage your business relationships, and cost you far more than the original invoice amount. Whether you’re dealing with a subcontractor demanding payment for incomplete work or a general contractor threatening a mechanics lien, understanding your defense options matters.
The good news? Property owners and general contractors have strong legal protections when payment disputes arise. When you contact Roger G. Jain & Associates, PC, our Houston construction defense lawyers can review the details of your case. We’ll explain the most effective defenses against contractor nonpayment claims, what evidence you need to protect yourself, and how to prevent this from escalating into a major liability. Learn more about our firm by calling us at 713-981-0600.
Our office is located at 9301 Southwest Freeway, Suite 250, Houston, TX 77074. Located on I-69 in the Braeburn area, we’re convenient for clients from Sugar Land, Stafford, Missouri City, and throughout southwest Harris County, with direct freeway connections. Our lawyers have been helping commercial contractors, subcontractors, and residential owners for over 30 years. Let us help you, too.
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“It was a bit scary trying to take someone to court over a business matter but after the phone interview with Roger I felt that I had a good chance at winning my case… the attorney that handled my case from the beginning handled my case like a real pro. I won the case! Yes! I would refer this team to anyone I meet that needs help on their legal matter. I am so glad I choose to do business with your firm and your team. Thanks”
Common Defenses to Contractor Payment Claims
Incomplete or Defective Work: You don’t have to pay for work that wasn’t finished or wasn’t done right. If a contractor claims you owe them money but their work has clear problems, that’s your strongest defense. Courts recognize that payment is tied to performance. Document everything with photos, videos, and written records of the defects. Get estimates from other contractors showing what it will cost to fix the problems. This evidence directly reduces what you owe, sometimes to zero.
Breach of Contract by the Contractor: When a contractor breaks the contract terms, you can hold back payment or pay them less. They might have used the wrong materials, missed important deadlines, or left the job unfinished. Each time they break the contract, you have more power to negotiate. But you need to show how their mistakes actually hurt you or cost you extra money. Did you have to hire someone else to finish the work? If you did, those extra costs might cancel out what you owe the first contractor.
Failure to Follow Payment Procedures: Most construction contracts spell out specific steps contractors must follow before demanding payment. They might need to submit detailed invoices, provide lien waivers from subcontractors, or give you notice of disputed charges. If they skip these steps, their claim may fail on procedural grounds alone. Check your contract carefully. These technical requirements exist to protect you.
Payment Was Already Made: Sometimes contractors claim nonpayment when you actually paid them already. Keep every receipt, canceled check, bank transfer record, and email confirmation. If you made partial payments, document those too. The contractor has the burden of proving what you owe, but clear payment records end disputes quickly.
When Mechanics Liens Get Filed
A mechanics lien puts a claim against your property itself. Contractors use liens as leverage, and they can block refinancing or property sales. But liens aren’t automatic wins for contractors. You can challenge a lien that wasn’t filed correctly or on time. Texas has strict deadlines and filing requirements. A lien filed even one day late is invalid.
You can also fight the lien’s amount. Just because a contractor files a lien for $50,000 doesn’t mean they’re entitled to that much. If their work was worth $30,000 and had $10,000 in defects, you can contest the inflated amount. Some property owners choose to bond off the lien, which removes it from the property while you fight the underlying dispute.
Building Your Defense Strategy
Start with your contract. Every defense begins there. What did the contractor promise to do? What payment terms did you agree to? Were there warranties or guarantees? Your contract may require mediation or arbitration before anyone can file a lawsuit. It might cap damages or limit payment to specific milestones.
Gather your evidence now, not later:
- All written communications (emails, texts, letters)
- Photos and videos of the work site and any defects
- The original contract and any change orders
- Payment records and invoices
- Inspection reports
- Correspondence with the contractor about problems
The Role of Change Orders
Contractors often claim they did extra work you didn’t pay for. If there’s no written change order, you probably don’t owe them. Most construction contracts require written approval for additional work. Even if you agreed verbally, the lack of paperwork creates problems for the contractor’s claim. This protection works both ways, though. Always get change orders in writing to avoid confusion.
Why You Need a Houston Construction Law Attorney
Construction law has technical rules that don’t exist in other areas. Lien deadlines in Texas are strict. For example, subcontractors only have until the 15th day of the third month after they finish their work to file a lien. Bonding requirements are different depending on whether you’re working on a public or private project. Your regular business lawyer probably doesn’t know these details. A construction attorney does.
We review your contract to find every available defense. We communicate with the contractor or their attorney to negotiate settlements that protect your interests. If the dispute goes to court, we present your evidence effectively and argue the legal standards that apply to your case. Many disputes settle once the contractor realizes you have strong representation and solid defenses.
Your property and business deserve protection. When contractors claim you didn’t pay them, you have options.
Contact Our Houston Construction Dispute Defense Lawyers
Stop worrying about your construction dispute and start getting results. Our Houston construction dispute defense attorneys have helped Texas contractors, property owners, and subcontractors resolve payment issues, lien problems, and contract disputes. We understand the pressure you’re under, whether it’s unpaid invoices piling up, a contractor who disappeared mid-job, or a client refusing to pay for completed work.
You don’t need to handle this alone. We know Texas construction law, we know the deadlines, and we know how to protect your money. Call 713-981-0600 or fill out our confidential contact form to schedule a risk-free, no-obligation consultation.