Frequently Asked Questions: Texas Mechanic's Liens

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 Allen 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.

How Do You File a Mechanic’s Lien?

In order to ensure that you get paid for the work performed, it is best to file a Mechanic’s Lien. Our Allen business attorneys can guide you through each step, don’t hesitate to be consulted with our team.

  • Step 1: File a Notice -

    • This sends a notice to the property that you have not been paid for the work performed.
  • Step 2: File an Affidavit of Lien

    • If you have not yet received any payment after sending the notice, the next step is to file an affidavit of lien in the county of the property. This is your statement to claim the payment for the lien.
  • Step 3: Follow Up

    • Usually, by now you have been paid because the majority of property owners don’t want to deal with liens. If you have not yet received payment, you will need to follow up with the property owner and seek legal action.

For more detail or if you need guidance on filing a Mechanic’s Lien contact our Allen litigation attorneys.

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 Allen 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 Allen business lawyer at (972) 200-3078.

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