Tradespeople may be able to assert mechanic’s liens for Texas construction law disputes. If you are in construction, then you have probably worked on a project for which you did not get paid right away. A mechanic’s lien is a legal tool for workers to assert their right to payment for construction projects.
What Is a Mechanic’s Lien?
A mechanic’s lien gives an unpaid tradesperson or worker a security interest in a property on which they performed work. You can assert this kind of lien if you completed the work that you promised to do, but you were not paid for that work. It is a useful tool for contractors who need legal recourse for payment on their projects. If you have not been paid for your work on a construction project, contact a reliable construction law firm today.
Who Can Assert a Mechanic’s Lien?
Many different kinds of workers can assert mechanic’s liens. You may be able to assert a lien if you are a:
- General contractor
- Subcontractor
- Construction laborer
- Material supplier
- Specialty material fabricator
- Architect
- Surveyor
- Engineer
- Landscaper
In general, anyone who performs construction work or repairs, provides materials, specially makes materials, or provides services for construction (such as a design or survey) can assert a mechanic’s lien. The law details which people may file for these liens if they are not paid. You do not necessarily need a written contract or a construction license to assert a lien – ask a lawyer for assistance if you are in this situation.
Which Property Will the Lien Give You a Security Interest In?
You will have a security interest in any property on which or for which you performed labor or services. For example, if you performed work on multiple adjacent lots, you could assert a lien for each of the lots because you worked on all of them.
The amount of money secured by the lien is limited to the value of the labor you performed or the services you provided. If you provided specially made materials, the amount is limited to the material’s value minus its salvage value.
How Do You Assert a Mechanic’s Lien?
Texas law lists very specific requirements and deadlines for workers who want to assert mechanic’s liens. The requirements that you may need to follow depend on your role in the project for which you weren’t paid. If you were a general contractor or the main contractor on the project, your requirements may be different than if you were a supplier or subcontractor. Generally, the steps for getting a lien involve:
- Giving notice to the property owner shortly after non-payment
- Filing a lien shortly after giving notice
- Enforcing the lien within a certain timeline
The notice and lien must include detailed information about you, the property owner, the project on which you worked, and the payment that was not made. Any missing information could lead to problems enforcing the lien down the road. The strict deadlines listed in the law are also important to follow. That is why you should get advice from a trustworthy local construction law firm like Henke, Williams & Boll on how to assert your lien the right way.
Are There Limitations on a Mechanic’s Lien?
Yes, a mechanic’s lien has some limitations. For example, a subcontractor’s lien is limited to an amount representing the proportion of work that the subcontractor performed under the contract. Any money already received by the subcontractor gets subtracted from that total amount. There also are limitations on which land is covered by a lien, how long you have to assert a lien, and more. If you have questions about your right to assert a mechanic’s lien, you should consult a knowledgeable construction law lawyer in your area. Our team is ready and willing to schedule a consultation to discuss your concerns.
Let Us Help with Your Construction Law Disputes
As experienced Houston construction law lawyers, we help our clients find the best solution possible. Henke, Williams & Boll lawyers work with construction professionals from all parts of the industry and have the know-how to handle your dispute. Rather than providing “one-size-fits-all” advice, we tailor our guidance to your unique situation. To set up a consultation, call (713) 936-5521 or use our convenient Contact Form.