We are a steel fabricator who hired a steel erector and is attempting to file a lien on extra work for which he does not have a change order or written authorization. Is this legal?
Dec 21, 2017
In Texas, a mechanics lien may be filed even where a written contract is not present unless the lien is against a homestead property or unless the claimant is an architect, engineer, or surveyor. However, a lien may only be filed for work that was authorized (though, again, a written contract is not necessarily required). If an improper lien has been filed, a Summary Motion to Remove Invalid or Unenforceable Lien is available under § 53-160 of the Texas mechanics lien statute. Further, penalties will come into play if a lien is falsely or fraudulently filed, including heavy fines.