Like most industries, suppliers and subcontractors in the construction
industry often provide materials or perform work before they receive payment.
While general contractors sometimes pay these parties on time, other cases
require legal action to make sure that the supplier or subcontractor gets
the money they are owed. In Texas, mechanic’s liens are the best
legal recourse for suppliers, subcontractors, or design professionals
to get paid.
Have you been only partially paid for a job, or not paid at all? Contact
our Dallas business attorney immediately for a
free case evaluation.
What is a Mechanic’s Lien?
A Texas mechanic’s lien is essentially a way for subcontractors and
suppliers to protect their interests in a particular project. They are
a legal claim against the property that is being constructed, remodeled,
or otherwise improved, and will make the property owner responsible for
paying the amount owed.
Who Can File a Mechanic’s Lien in Texas?
Mechanic’s liens are typically filed by subcontractors and suppliers
who have worked for/supplied materials to a general contractor. When the
primary contractor fails to pay for the labor or materials, the party
who is owed may file a mechanic’s lien claim. Under the Texas Property
Code, design professionals such as architects, engineers, and surveyors
can also file these liens.
When Must Notice Be Sent?
After finishing work or furnishing materials, you must send notice within
two or three months, depending on the relationship you have with the property
owner and general contractor. Due to the relatively quick timetable of
a mechanic’s lien, it’s crucial to retain a Dallas business
attorney as soon as possible to guide you.
Can a Mechanic’s Lien be Modified or Amended?
Mechanic’s liens can be amended when some detail about the lien claim
has changed. Most commonly, lienors will file for an amendment if there
has been an increase or reduction in the amount of money that is owned.
Do you have more questions about mechanic’s liens? Call our
Dallas business lawyer at (972) 200-3078.