Navigating the Lien Filing Process: Steps to Secure a Mechanics’ Lien in Texas

As a contractor or supplier in Texas, securing payment for your labor and materials is crucial to your business. That should go without saying, but all too often the party responsible for paying you doesn’t follow through, leaving you with the burden of getting paid for the valuable work you did or materials you provided. One effective legal tool at your disposal is a mechanics’ lien, but going through the process to prepare, file and serve all the necessary documents can be challenging and confusing.

Read on for a step-by-step guide on how to file a mechanics’ lien in Texas, ensuring you understand the necessary documentation to provide, timelines to follow, and common pitfalls to avoid. If you are looking for a law firm to take this task off your hands and perform it expertly and affordably while you focus on your job, contact Lien Lawyers, PLLC, serving contractors and suppliers throughout Texas.

Understanding Mechanics’ Liens in Texas

A mechanics’ lien is a legal claim against a property by a contractor or supplier who has not received payment for labor or materials used in a construction project. This lien ensures that the property cannot be sold or refinanced until the debt is settled. Filing a lien in Texas involves taking the following steps.

Step 1: Determine Your Eligibility

Before you initiate the filing process, it’s crucial to confirm your eligibility to file a mechanics’ lien. In Texas, contractors, subcontractors, laborers, material suppliers, and certain professionals who contribute to a property’s construction, repair, or renovation can file a mechanics’ lien.

Step 2: Timely Notice

Texas law requires that you send a preliminary notice to the property owner and other relevant parties, such as the general contractor. This notice is known as a “pre-lien notice” and varies depending on your role in the project:

• Original contractors: Notice is not required if you have a direct contract with the property owner.
• First-tier and second-tier subcontractors and suppliers: You must send a pre-lien notice to the property owner and original contractor.

Step 3: Prepare the Lien Affidavit

The next step is preparing a lien affidavit, which must include specific details:

• Your name and address.
• The name and last known address of the property owner.
• The name and last known address of the party that hired you.
• The name and address of the General Contractor (if you were not hired by the Property Owner or the General Contractor).
• A description of the labor or materials provided.
• A statement of each month in which work was done and materials were furnished for which payment is requested (only if you are not the General Contractor).
• A statement identifying the date each notice of the claim was sent to the Property Owner and General Contractor and the method by which the notices were sent (only if you are not the General Contractor).
• The amount of the claim.
• The description of the property, ideally with the legal property description.

Step 4: File the Lien Affidavit

File the lien affidavit with the county clerk’s office in the county where the property is located. The filing must be done by the 15th day of the third calendar month (for residential projects) or the fourth calendar month (for non-residential projects) after the month in which the work was performed for which you have not been paid.

Step 5: Serve the Lien Affidavit

After filing, you must serve a copy of the filed lien affidavit to the property owner and, if applicable, to the original contractor. This must be done by certified mail no later than the fifth day after filing the affidavit.

Common Pitfalls to Avoid

When filing a mechanics’ lien in Texas, be aware of these common pitfalls:

1. Missing deadlines: Texas mechanics’ lien laws are strict about deadlines. Missing a notice or filing deadline can invalidate your lien.
2. Inaccurate information: Ensure all information in your notices and lien affidavit is accurate. Errors can lead to disputes or dismissal of the lien.
3. Failure to follow up: After filing a lien, you may need to enforce it through legal action. Keep track of the timeline and consult with your attorney about the next steps.

Get Your Lien Done Right With Lien Lawyers, PLLC

Securing a mechanics’ lien in Texas requires attention to detail and adherence to specific legal procedures. By following these steps and avoiding common pitfalls, contractors and suppliers can effectively secure their right to payment.

For more detailed guidance and assistance with your specific situation, consider consulting with a legal professional. Lien Lawyers, PLLC offers professionally prepared mechanic’s liens for one low price that makes it affordable and cost-effective to get the legal help you need when filing a mechanic’s lien. For help with mechanic’s liens in Dallas, Houston, Lubbock, and Texas statewide, call Lien Lawyers PLLC, at 682-688-6105 or click here to begin your lien today.