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Mechanics Liens in Texas: What You Need to Know

A mechanics lien is a legal claim that a contractor, subcontractor, or supplier can file against a property if they haven’t been paid for their work or services. In Texas, mechanics liens are governed by the Texas Property Code and are used as a tool for ensuring payment for work performed on a property.

Who can file a Mechanics Lien in Texas?

In Texas, any person or company who provides labor, materials, or services to improve real property may file a mechanics lien. This includes general contractors, subcontractors, suppliers, architects, engineers, and others who contribute to the improvement of a property.

Requirements for Filing a Mechanics Lien in Texas

There are several requirements that must be met before a mechanics lien can be filed in Texas. Some of the most important requirements include:

  • Proper Notice: In most instances, before filing a mechanics lien, the person or company must provide written notice to the owner and any other interested parties, such as the lender or the person who contracted for the work.

  • Deadlines: There are strict deadlines for filing a mechanics lien in Texas, and failure to file within these deadlines will result in the loss of the right to file a lien.

  • Proof of Work: The person or company filing the lien must provide proof of the work performed and the amount owed. This may include contracts, invoices, receipts, and other documentation.

Enforcing a Mechanics Lien in Texas

Once a mechanics lien is filed, the person or company must take steps to enforce the lien in order to collect the amount owed. This usually involves filing a lawsuit, negotiating with the owner or lender, or seeking other legal remedies.

It’s important to note that mechanics liens are a serious matter and can impact the property owner’s ability to sell or refinance the property. As a result, it’s important for contractors, subcontractors, and suppliers to understand their rights and responsibilities when it comes to mechanics liens in Texas.

By understanding the requirements for filing a lien and the steps involved in enforcing a lien, contractors, subcontractors, and suppliers can protect their rights and ensure they receive payment for their work. If you have a question about the enforceability of a mechanics lien, you should consult with a qualified attorney.

Chase GarrettComment