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Authority for "an artisan is a design professional, e.g., engineer etc."

TexasRight to Lien

Hello, your article "What is a Design/Artisan Lien?" says that artisans are design professionals. What legal or factual authority do you have for asserting in your articles"What is a Design/Artisan Lien" that "an artisan is a design professional"? You mention that includes an engineer etc. which is exactly what I need to prove up for an engineer client asserting a Texas Constitutional Lien (he missed opportunity for a statutory mechanics lien). If it makes any difference, this engineer is a structural engineer that designs buildings. Please provide ANY factual or legal basis/authority you have to support that an engineer and/or architect/design professional is an artisan under the Texas Constitution. See Art. 16, Sect. 37. Texas authority is best, any other authority is appreciated. (Authority meaning case law, statute, practice first in Texas, then any other state discussing the subject). Thank you?

2 replies

Nov 1, 2019
Hello, could you please share the legal basis for the article “What is a Design/Artisan Lien?” says that artisans are design professionals. I need to show that my engineer who worked on a large development has a Texas constitutional lien as an artisan. (he missed opportunity for a statutory mechanics lien). If it makes any difference, this engineer is a structural engineer that designs buildings. Please provide ANY factual or legal basis/authority you have to support that an engineer and/or architect/design professional is an artisan under the Texas Constitution. See Art. 16, Sect. 37. Texas authority is best, but I see that California has an artisan lien so that would be helpful too. Thank you!! I submitted this before but don't see where it is answered.
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Nov 1, 2019
Texas recognizes two specific and distinct types of mechanics liens, the statutory lien, and the constitutional lien. Cavazos v. Munoz, 305 B.R. 661, 670 (S.D. Tex. 2004). The specific basis for the constitutional lien is found at Art. XVI, § 37, of the Texas Constitution, which states: "Mechanics, artisans and materialmen, of every class, shall have a lien upon the buildings and articles made or repaired by them for the value of their labor done thereon, or materials furnished therefore; and the Legislature shall provide by law for the speedy and efficient enforcement of said liens." The constitutional lien is available to "original contractors," those parties who have contracted directly with the owner of the improved property. Trinity Drywall Systems, LLC v. Toka Gen. Contrs., Ltd. 416 S.W.3d 201 (2013), citing, Da-Col Paint Mfg. Co. v. American Indem. Co., 517 S.W.2d 270, 273 (Tex.1974); Gibson v. Bostick Roofing and Sheet Metal Co., 148 S.W.3d 482, 493 (Tex.App.-El Paso 2004, no pet.). This is because Texas courts have historically determined the constitutional language to require privtiy of contract with the owner in order for the self-perfecting lien protection to apply.  Horan v. Frank, 51 Tex. 401 (1879) § 53-001(7) defines an "original contractor" as "a person contracting with an owner either directly or through the owner’s agent" no further limitation is provided with respect to the work performed by the "original contractor" with respect to the property's improvement. Accordingly, it appears the requirement to qualify for the protection of a self-perfecting constitutional lien in Texas is: 1) to be a party entitled to lien protection due to labor or material incorporated into the building subject to the lien, and 2) to be an "original contractor" (be in privity of contract with the property owner). When an original contractor fails to meet the requirements of a statutory lien, the constitutional lien may still be available.
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