Texas Mechanic’s Liens and Constitutional Liens Part 2

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Texas has expansive lien laws that include options for filing liens that contractors in most states don’t have. Other than statutory mechanic’s liens, contractors are able to assert constitutional liens in Texas.

In part one of this article, a Houston construction lawyer gave some insight to how mechanic’s lien laws work in Texas. In this part of the article, we are going to go over constitutional lien laws.

Constitutional Liens

Texas is one of only seven states with provisions for liens in its constitution. Working directly with the owner of the property may afford you the ability to utilize a constitutional lien. This type of lien is only possible if you are contracting with the owner of the property or their agent. A constitutional lien may be filed after the filing period for a statutory mechanic’s lien has passed.

Constitutional liens are self-executing, meaning you don’t need to send notice to the owner, but it is a good practice and gives better documentation if you do send notice. Because you have a contract with the owner, the law assumes the owner knows they haven’t paid you.

To claim a constitutional lien, you need to file a lien affidavit as you would for a mechanic’s lien. Recording your lien in a timely manner is important, otherwise the property you’re trying to put the lien against could be sold before you file. If you haven’t asserted the lien yet, do it before the two- to four-year statute of limitations has run out.

A Houston Construction Attorney Can Help You

Texas lien laws are complicated, you may benefit from someone who knows the law well and can help you protect your rights. Cotney Law employs construction law professionals who can help you understand your options for filing a lien. Our lawyers can advise you if you have lien questions, if filing a lien is no longer an option, or if you need legal representation.

If you would like to speak with our Houston construction lawyers, 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.