Texas Mechanic's Lien laws are more
complex than those of many states. As a result, lien claims are found to be invalid because the contractor, subcontractor or
materials supplier failed to meet the required timelines for providing notice or filing
the claim.
Chapter 53 Texas Property Code
Real estate construction M&M liens are governed by Chapter 53 of the Texas Property Code. Although mineral liens are commonly referred to as Mechanics & Materialman's liens, mineral liens have different filing, notice and perfection procedures than real estate construction M&M liens.
Lien Notices & Compliance
In Texas, lien notice(s) must be given within
specific time limits in order to properly perfect a valid lien.
Furthermore, an Affidavit of Lien that meets the statutory requirements
must be filed with the County Clerk of the county where the work was
performed within the express time limitations set out by statute.
Only compliance
with the strict technical requirements of the statutes will perfect a
lien, giving contractors, subcontractors, and suppliers’ legal rights
against the owner of the property, and, most importantly, negotiating
leverage.
Providing a Proactive Approach to Texas Construction Lien and Bond Litigation
Our lawyers work with our clients, both in state
and out of state, in the development of internal company procedures to
make sure that lien notices are properly sent in a timely fashion and in
accordance with Texas law.
