A construction lien, also called a mechanics lien, is a claim placed on a property for the value of delinquent payments. Lien law protects construction professionals from neglected payments on the part of the property owner. However, they can only protect you when lien procedures are followed letter by letter.
In the state of Texas, any person who labors, specially fabricates material, or furnishes materials or labor on a project can have a lien on the property.
These parties can include:
- General contractors
- Anyone who provides labor or supplies
That said, this varies on a case-by-case basis. Working with a Houston construction lien lawyer can help you determine the specifics of your case.
How Far Does a Lien Extend?
Lien laws vary from state to state. Here in Texas, a lien can extend to the:
- House (or other type of building)
- Railroad and its properties
- Land reclaimed from overflow
It does not extend to public property such as sidewalks and streets.
The Detailed Lien Filing Process
Texas is a complex state when it comes to lien laws.
For almost every type of construction professional, there is a preliminary notice requirement that cannot be overlooked. Some of these include:
- Preliminary notice
- Monthly notice
- Two-month notice
- Three-month notice
These deadlines vary depending on your role as a lien claimant, as well as the type of project. For residential projects in the state of Texas, the requirement is typically the 15th day of the second or third month after the month during which work went unpaid.
Skilled Houston Construction Lien Lawyers
A Houston construction lien lawyer can help you discern what your specific notice requirements are, and to whom those notice(s) should be addressed. It is critical not to miss a deadline because you could lose your lien rights completely.
Your attorney will help you navigate the intricacies of lien law and will represent you in pursuing what is rightfully yours. Cotney lawyers have backgrounds in construction and understand the hard work you put into your project. When you need to exercise your rights, we are here to help.
If you would like to speak with one of our Houston construction lien lawyers, please submit our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.