Mario specializes in construction law, as well as business debt collections and complex creditor’s rights issues. His collections practice involves everything from multi-million-dollar lawsuits to an extensive post-judgment and bankruptcy practice. Through his work on behalf of creditors, Mario was named a Texas Rising Star in the practice area of Creditor’s and Debtor’s Rights. He has presented legal education programs to lawyers on different topics in the field of business debt collections. In addition to his creditor’s rights practice, Mario serves as general legal counsel for construction companies and other businesses, where he drafts contracts, helps structure deals, and advises his clients on a wide variety of legal issues.More...More...
Texas law is meant to protect homesteads at virtually all costs. First, you should make sure your property is considered your homestead. If you reside there most of the time, it is likely your homestead (though moreSee More...See More...
If you were a general contractor on the job (having a contract with the owner), you may be able to file a constitional lien. A constitutional lien generally does not have to meet the deadlines or many of the other formal requirements of statutory mechanic's liens. If the property was the owner's homestead, you may still need to meet additional requirements, including having a written contract with the owner. This is a tricky legal area and an attorney should be See More...See More...
How to proceed will largely depend on your contract with the GC. You may have grounds to terminate the difficult GC and hire someone else. However, this option comes with risk. If your termination is not warranted by the contract, terminating the GC could be grounds for the GC having a breach of contract claim against you. It would be smart to have an experienced attorney review your contract before taking any steps to terminate the GC. AnotherSee More...See More...
Hi Steve. Taking as true that the lien enforcement deadline is tomorrow, that would mean you would need to file a lawsuit to foreclose your lien(s) by tomorrow. Enforcing a mechanic's lien in Texas requires filing suit. If you do not enforce the lien in time, you waive your right to do so and, yes, the lien essentially expires. It would still show up in the county clerk records but would not be enforceable. I would operate as if these are residential proSee More...See More...
If you have sent your notice of intent to file a lien, you now have to file your lien affidavit in the county clerk records for the county where the property is located. First, you need to make sure you are within the statutory deadline to file a lien. This will depend on whether you were a general contractor or a sub for the project, and whether the project was commercial or residential. Subcontractors. For commercial projects, if you are a sub, you must file ySee More...See More...