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Can I amend a TX lien after it has been filed ?

TexasLien Deadlines

We were a GC on a big job in Texas. Our lien expiration is 10/15/21. We only have 1.8 M invoiced so far, can I file a lien for that amount and when we bill the balance which will be another 1.8 M amend the lien to reflect the actual dollar amount even if the original lien expiration was 10/15/21 ? Can I just file a lien for the entire contact amount even if we have not invoiced it all ?

2 replies

Sep 22, 2021

You really should retain a construction attorney to evaluate your legal position, and to provide advice.

Under Chapter 53 of the Texas Property Code (the mechanic's lien law), a contractor may only file a mechanic's lien for the reasonable value of the work performed that benefited the real property. So, you cannot file a lien for future work.

What do you mean by "lien expiration"? If you contracted directly with the owner, or an agent for the owner, you are an original contractor under Chapter 53, and the deadline for filing a mechanic's lien is the 15th day of the fourth month after the completion of the project, or termination of your contract, or the breach of your contract, etc.

Also, if you are an original contractor, you have rights to file a mechanic's lien under the Texas Constitution. There is no statutory deadline for filing a Constitutional lien aside from the four year statute of limitations for collection of debt.

So, you can file a lien to amend or update a previously filed lien, or you can file another lien to supplement the first lien.

Again, retain a construction attorney to make sure that your lien and notice provisions are proper.

Good luck.

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Sep 22, 2021

Hello!

Absolutely not! You may only lien for work that has been completed and remains unpaid.

In your situation, it sounds like you have gone at least 2+ months without being paid since the last invoice. In this situation, I would go ahead and file the lien for the amount DUE AND OWING only. You can always remove it when you get paid.

DO NOT file a lien for anything other than the amount owed and unpaid.

E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com

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