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.
In Texas, the construction industry is booming. With the growth of the construction industry comes the need for experienced construction law attorneys that can assist with the unique legal issues that arise. At Feldman & Feldman, our construction law attorneys have experience successfully handling a wide variety of construction law issues, but some of the most common construction law issues we handle include:
- Timeline Disputes – Projects don’t always go as planned. Parties can quickly start feuding over project delays and schedule changes.
- Workmanship and Surety Issues – Anytime workmanship gets questioned, tempers can inflame the situation. If parties disagree on the quality of the workmanship, it can bring projects to a screeching halt.
- Contractor Termination – Termination is often thought of as a lose-lose situation for all parties involved. All alternatives should be explored before considering contractor termination.
- Construction or Design Defects – Accusations of structural defects, substandard materials, or code violations are incredibly serious and need to be investigated and handled very carefully.
- Mechanics’ Liens – When contractors and suppliers go unpaid, they have a right to enforce mechanics’ liens under Texas law.
- Contract Drafting and Negotiations – Unlike business contracts and other types of contracts, construction contracts have industry specific considerations. Only experienced construction lawyers will understand your needs and protect your interests when drafting and negotiating construction contracts.
- OSHA Citations and Proceedings – Being proactive is the best way to prevent costly fines from OSHA and other regulatory agencies. For businesses already facing violations, quick and efficient remedies are the best way to prevent further damage.
Houston Construction Lawyers
At Feldman & Feldman, our Houston construction lawyers have experience handling construction law issues. We are well versed in construction law and can represent contractors, builders and developers, subcontractors and suppliers, design professionals, and owners/buyers, among other parties. If you are just starting a project, contact us to see how we can help prevent costly future litigation.
If you are already facing construction litigation, call us to schedule a consultation. We can analyze your situation and develop a successful strategy that protects your interests and keeps your project and your business moving forward.