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Can I file a Mechanical Lien?

TexasMechanics Lien

We have done some work for a business and the work has already been completed, but they haven't sent payment. Are we able to file a lien against them, if so what is the time frame in order to be able to file?

7 replies

Sep 17, 2020
These are Work Orders that have no written contract.
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Sep 17, 2020

Hi, there. The answer depends on your status (i.e., are you a contractor, subcontractor, or supplier), whether the project is residential or non-residential, and when work was last performed on the project. I am well versed in this area and am happy to help. Feel free to give me a call or shoot me an email.

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Sep 17, 2020
We would be considered the contractor and all the work performed is non-residential. The work was completed on 12/06/2018 and it's owned by Surestay Pluse by BestWestern 1100 11th St, Quanah, Tx 79252 It's easier for me to explain it on the phone, what would be a good number to contact you at?
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Sep 17, 2020

Unfortunately, you are well beyond the non-residential lien deadline if the work was performed in 2018. You may have other avenues of recourse (e.g., breach of contract or quantum meruit), but that will likely require a strongly written demand letter or litigating to recover. 

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Sep 17, 2020
Okay, so what are the non-residential lien deadline required time frame? Could you tell me about other avenues to explore? How would breach of contract play in effect in this situation? If we were to exercise the quantum meruit law then what all information would you need in order to file documentation for it?
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Sep 17, 2020

Non-residential liens must be filed by the 15th day of the third month after work is performed (assuming the required notices have been provided). As for quantum meruit, that's a situation where you don't have a contract but can show you performed work and provided value but have not been paid. As to the balance of your question, it necessarily steps into the attorney-client relationship/provision of legal advice and would require a formal engagement. If you'd like to discuss, please reach out to me at rishabh@chapmanfirmtx.com. Thanks! 

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Sep 17, 2020

*Correction, the fourth month after work is performed.

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