Originally published by Cris Feldman.
On any construction site or project, there are a lot of moving parts. Projects can quickly fall to pieces when parties aren’t properly paid. Luckily, people working in the construction industry have specific legal actions they can take to help obtain their rightful paychecks. Mechanic’s liens are the most powerful legal tool contractors and other parties in the construction industry can use to receive the money they’ve earned on projects. Unfortunately, mechanic’s liens can be very complicated; and, if not filed correctly, a mechanic’s lien could invalidate the lien.
Who Can File A Mechanic’s Lien In Texas?
Texas law allows for three different types of parties to file mechanic’s liens. These include (1) any party who furnishes labor or materials, (2) parties who fabricate specialty materials, and (3) design professionals. With such a broad categorization, everyone from contractors to architects has the ability to file a mechanic’s lien if their work or materials go unpaid. Additionally, in Texas, there is no legal distinction between a contractor and a subcontractor when it comes to legal authority to file a lien.
Mechanic’s liens can be filed for work done on both commercial and private properties. Tasks including providing lumber, making custom cabinets, repairing a roof, painting, rental equipment, and labor can all be protected from nonpayment by a mechanic’s lien.
What Makes A Lien Enforceable?
In order for a lien to be valid and enforceable, certain procedures must be followed. Anyone seeking to file a mechanic’s lien must file a pre-lien notice. There are different kinds of pre-lien notices and there are strict timelines for filing a mechanic’s lien. Failure to follow the smallest procedure can leave contractors and others without the legal might of a lien to obtain rightful payment. Because of this, it is incredibly important that anyone seeking to file a mechanic’s lien do so with the help of an experienced construction lawyer.
Get Help With Your Mechanic’s Lien
At Feldman & Feldman, we have extensive experience working with the unique legal issues in the construction industry. If you have not been paid for your work or materials on a construction project, contact us today. We can help you file a mechanic’s lien and get you your rightful payment.
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