How & Where To File a Mechanics Lien in Texas

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When contractors, subcontractors, and suppliers don't get paid for the work they furnished to a construction project in Texas, they have the right to file a mechanics lien to secure their payments.

A mechanics lien is an official document that asserts lien rights on a property when payments are not made to contractors and suppliers in the construction industry.

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Can I file a mechanics lien without contract?

The contractors, sub-contractors, suppliers, laborers or material suppliers who provide labor or materials to a commercial project or a non-homestead property are not required to have a written contract to filing a Mechanics Lien. Architects, engineers, surveyors design service providers must have a written contract directly with the project owner or the owner's agent in order to file a mechanics lien. Landscapers, landscape materials suppliers and demolition service providers, also need to have a written contract to have the right to file a lien. But for them, the written agreement can also be with the general contractor or a subcontractor.

Do you need to send a notice before filing a mechanics lien?

It depends on the role the claimant has on the project. In Texas, the only contractors who do not have to send preliminary notices are those who have a direct agreement with the project or property owner. Any other entity or contractor who does not have a direct contract with the owner, must send prelien notices for every individual month that goes unpaid. These notices are sent to the general contractor and to the project owner before or by the time a lien is filed.

How can you record a mechanics lien?

a. Fill out the mechanics lien affidavit form accurately. b. Have it notarized and later filed at the county clerk’s office of the county where the project is located.c. Copies of the notarized lien must be sent to the property owner and the general contractor (if it is the case).

What is the deadline to file a mechanics lien?

In Texas, lien laws are complex. For mechanics liens, the deadlines to send notices and filings must be strictly followed. Missing one day or document means loosing the right to file lien for that month.The dates and deadlines for lien claims are based off the month and year in which the work was actually performed and the value of the work for each individual month. The invoice date and company accounting methods are not important for these type of claims.These deadlines are usually on the 15th day of the month and they are counted as calendar days. So if the 15th day falls on a Sunday or any public holiday, the deadline date moves one or two days prior to it, reducing timelines.

Where do you file a mechanics lien and should it be notarized?

Mechanic’s liens are filed with the County Clerk’s Office of the county where the project is located. Many counties accept electronic filing but others, only accept filings in person or by mail. It is important to know the accepted filing methods with enough time before a deadline. Even the counties that only accept filing by mail have requirements on the delivery method and the posting dates. All liens should be notarized to be filed. Texas accepts both, electronic and in person notarizations.

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