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Can I file a constitutional lien

TexasConstruction ContractLien DeadlinesLien PriorityMechanics Lien

Concrete company does 6.4 million in work on a project in Collin County Tx. Last work was in December for DD Management, CEO is Ryan. 4 parcels of land included in the project with 4 different shell LLC names - all have the same managing member and/or CEO of the contractor - Ryan Ryan signed a promissory note in July 2022 agreeing to pay concrete company a minimum of $150k a week to keep him on the job and signed as CEO of DD Management and Owner of Platinum (mother company of all shell companies) - I believe this promissory note just wrapped Platinum into the mix as a responsible party. Ryan is CEO or Managing member of all companies involved: DD Management, Platinum, LLC Property owner 1, LLC property owner 2, LLC property owner 3, LLC property owner 4. One of the 4 properties is up for foreclosure Feb 7, 2023 I believe we are within rights to file a constitutional lien, followed by statutory mechanics liens. If I am correct in filing a constitutional lien, does the 6.4 million need to be seperated to a balance per parcel when it was excavation, dirtwork, and concrete on all 4 parcels of the project, or can the 6.4 lien be filed on each of the 4 properties? I feel that if he receives notice that mechanics liens are being filed, he will have 10 days to dissolve the companies, file bankruptcy, or make a move to shaft the concrete company out of 6.4 million. If the work dates back to early 2022 and the last work was done in December, are we within lien rights to file on the entire balance?

2 replies

Jan 23, 2023

I help contractors get paid and noticed you were having issues If you need help, feel free to reach out. I typically get my clients paid within a week, don't charge anything up front, and I don't require 50lbs of paperwork to get started. 

Josh- CEO Wolfgang & Rhodes 214-518-9595 joshua@wolfgangandrhodes.com 

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Jan 27, 2023
Hi, thank you for reaching out to the Levelset legal community. It sounds like there are a lot of factors in your case. If you were uable to find the answer you need in our article on Texas Constitutional Liens then it may be prudent to contact an attorney in your area directly. Here is our list of construction lawyers in Texas: https://www.levelset.com/payment-help/experts/construction-lawyer/texas/
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