How Do I File Construction Liens in Texas?
When you work on a construction project, you expect compensation. Whether you were the lead contractor on the project or someone providing the necessary materials, you deserve to be paid for your time and effort. When someone doesn’t pay, it may be necessary to file a lien against the property. Filing construction liens in Texas can be quite complicated though. You may want the assistance of our Houston construction lien lawyers.
When Can Someone File Construction Liens in Texas?
You can file construction liens in Texas if you provided labor or materials during a construction project. You may also be able to file a lien if you provided materials or professional design services. So engineers and architects can also file liens.
A lien can help you get paid because it limits what an owner can do with the property. If they planned to sell after a renovation job, for example, a lien could make that difficult and it could require that you get paid out of their sale proceeds.
What Kinds of Deadlines Affect Construction Liens in Texas?
Keeping track of deadlines is a necessity when you want to file construction liens in Texas. You have to file a pre-lien notice, a lien affidavit, and other paperwork in a timely fashion. Even if you have an obvious reason to file a lien and the evidence to back you up, you may have little recourse if you have missed any deadlines during this process.
What Information Needs to Be Included on a Lien Affidavit?
Once you have sent notice to the property owner, the general contractor, and any other involved parties, you must file a lien affidavit. This requires a lot of details, and leaving out any relevant information can make this process more difficult. You must list:
- Your name and address
- The names and last known addresses of the property owner, the general contractor, and the party that hired you
- A description of how you contributed to the project i.e. labor or materials provided
- A statement showing what work was done each month and when each claim was sent to those who were supposed to pay you
- How much you claim you are owed
Once your affidavit has been filed with the county clerk, you must serve it to the property owner and original contractor within five days.
Do I Need a Lawyer to File a Lien?
Filing construction liens in Texas can be difficult. There’s a lot of paperwork to do and there are different deadlines to keep track of. You could easily miss your chance to pursue payment if you make a mistake. This is why we recommend hiring a lawyer. An attorney from our firm can make this process a bit less stressful. You have other projects and work to pursue. Let a lawyer handle this for you.
Contact Our Firm Today
Many things can go wrong when applying for construction liens in Texas, so there’s no shame in getting some help. Contact Patout & Shaw to schedule a consultation. Tell us more about what you’re dealing with and our attorneys will do everything that they can to help you get paid for your work.
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