Jarrett focuses his practice in the areas of entity formations; contract evaluation and drafting; construction law/litigation; and materialman's and mechanic's liens. While receiving his bachelors in accounting from Texas A&M University, he served as the president of the Texas A&M Competition Waterski Team. He received his juris doctorate from South Texas College of Law in Houston, where he served as an officer of the Real Estate and Construction Law Society. More...More...
You can still perfect a mechanic's lien agaisnt the property as long as you don't pass the time periods required for sending out pre-lien notice and filing the lien affidavit. The time period you refer to missing is for sending a fund trapping lien notice to the owner so the owner becomes aware there is an unpaid lower tier party and withold payment of retainage to the general contractor until the lower tier party is satisfied. See More...
If you contracted directly with the owner of the property you may be able to assert a constitutional lien. You should contact a construction law attorney like myself to discuss your lien options. See More...
Since it appears you contracted directly with the owner you have the ability to file a lien not later than the 15th day of the fourth month after the month in which your work on each property was completed, terminated, or abandoned. If you are past that timeframe you may be able to assert a consitutional lien against the properties. DO NOT let your lien deadlines pass by as liens are one of the most effective tools for payment a contractor has. In any evSee More...See More...
You have one year from the date of filing of the lien to file an action in the courts of the same county the lien was filed to foreclose on the lien. You need to speak with a construction law attorney as soon as possible to see what rights and remedies you may have available to you now.See More...
If the lien was not validly perfected due to a failure to tender proper and timely pre-lien notice then the lien is invalid and should be released in order to avoid paying penalties and another parties attorney's fees for them removing the invlaid lien thorugh the courts. However, it is critical to pay attention to the language of the lien release to ensure you are only releasing the lien and not releasing the lien and your claims for payment. You are still able to liSee More...See More...