Engineering work including drawings. All other work was additional services including but not limited to site visits, construction review, construction defect documentation, litigation support, etc.
1 reply
May 29, 2020
I'm not sure I understand your question fully, but I'll try to help.
Constitutional liens are more narrowly defined in the way of claimants and work which can be claimed upon. Alternatively, Texas statutory lien law specifically identifies engineers as proper claimants. In order to determine if your company, at least arguably, has constitutional lien rights, a pretty thorough analysis of the work the engineering firm actually performed is necessary. Very generally speaking, it is rare that engineers recover based upon constitutional lien law as compared to the statutory lien rights available to engineers.
In any case, I would suggest moving quickly to determine if you still have the ability to preserve your statutory lien rights.