If you are a contractor, subcontractor, or supplier, a mechanic’s lien can be a valuable tool for you to ensure that you receive the monetary compensation you are rightfully owed for work performed or materials provided. By filing a lien, you gain a security interest in the property, which makes it more difficult for the property owner to sell it until the lien claim is paid. Banks and lenders are typically not willing to refinance homes or lend against properties with liens. Because of these reasons, most property owners will feel motivated to resolve the lien before it’s ever time to sell.
If you are seeking compensation for your work on a construction project, a Dallas construction lien attorney with Cotney Law can help you file a mechanic’s lien and preserve your right to payment.
How a Dallas Construction Lien Lawyer Can Assist You in Filing a Mechanic’s Lien
The mechanic’s lien, when executed properly, can be a tremendous motivator for property owners that aren’t looking to face a lawsuit; however, there’s a number of pitfalls awaiting mechanic’s lien claimants that don’t pay close attention to all of the relevant requirements and deadlines. When even one misstep could be mean that your lien rights are waived, you’ll want to partner with a Dallas construction lien lawyer who can assist you with any of the following services:
- Lien Notice Requirements: There are various preliminary notice requirements depending on your role as a lien claimant and project type. Our attorneys will help you determine which type of notice, if any, that you are required to send after performing work without payment.
- Eligibility to File a Lien: Determining whether or not a contractor qualifies to file a mechanic’s lien in Texas is often decided on a case by case basis. For this reason, we will assess your case to determine your eligibility.
- Options to Collect: We can take several legal options on your behalf to assist you with payment disputes, including sending a demand letter and reviewing your contract for an alternative dispute resolution (ADR) clause.
Understanding the Mechanic’s Lien Timelines
Although lien deadlines can vary depending on the type of project and your role on the project, the number one most common mistake construction professionals make is failing to exercise their lien rights and provide a timely notice before the deadline. Texas is an incredibly complex state when it comes to these deadlines and requirements, which is why you’ll want to consult a Dallas construction lien attorney as soon as possible.
For example, on residential projects in Texas, all subcontractors and suppliers are required to send a preliminary notice to the owner and contractor by the 15th day of the 2nd month following the month that work was performed and unpaid. This means that, if unpaid work was performed in May, the preliminary notice would be due no later than June 15th. Similar deadlines exist for filing the mechanic’s lien and enforcing it. For a legal ally who will help you navigate this process with ease and represent you in pursuing payment that’s rightfully yours, contact a Dallas construction lien lawyer.
If you would like to speak with a Dallas construction lien attorney, please contact us today.
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.