Filing A Mechanic’s Lien In Texas

how to file mechanic's lien tx

If you are working a construction project in Texas, you are already more than familiar with filing a mechanic’s lien. However, if you are not familiar with filing a mechanic’s lien, it can become a very overwhelming and stressful situation to try and figure it all out on your own. Here is what you need to know about filing a mechanic’s lien, ensuring that you will be paid for your work. 

What Is A Mechanic’s Lien? 

A Texas mechanic's lien is going to be the filing of a lien to help protect yourself, if you are not being paid for a construction project that you have worked on. For example, if I am a contractor and have just renovated an entire kitchen for somebody, normally I would be paid at the completion of the construction project. However, if this person decides that they don’t want to pay for the work that was done for whatever reason, a mechanic’s lien is going to protect the work that was done and help me to be paid. 

Filing A Mechanic’s Lien 

To file a mechanic’s lien in the state of Texas, you are going to be required to send out a pre-lien notice to the owner of the property which will tell them that you have done so. This pre-lien notice is going to vary depending upon the type of contractor, so be sure that you look up the appropriate timespan for sending out the pre-lien notice for your individual niche. Once the pre-liens have been sent out, you will be protected from not getting paid the money that you are owed. 

Requirements To Be Subject To A Mechanic’s Lien 

In order for you to have a valid mechanic’s lien for a project that you have not been paid for in Texas, you are going to need to have a written contract between both the owner of the property and the original contractor, that has already been filed in the county clerk’s office before any type of work on the home was actually performed. Once this has been completed, you will then be protected as a contractor working on a project, in case you are not paid for the labor you have done and the materials that were used. 

If you are not paid for the work you have done and have successfully filed a mechanic’s lien in TX, for residential construction, that lien can then be enforced on the 15th day after three calendar months have passed. What this means is that the property owner who originally was supposed to pay for the construction project but has not, will have three months to do so. If they have still not paid whatever amount is due to the people who it is due to, legal action can then be started as you will already have a mechanic’s lien in place. 

A mechanic’s lien is going to be an essential tool in TX in regard to protecting yourself is you are a contractor who works on residential properties doing construction projects.

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