Menu
Home>Levelset Community>Legal Help>Can I file a mechanics lien?

Can I file a mechanics lien?

TexasLien Waivers

Can I file a lien if I submitted a pay app in June for May's work?

1 reply

Sep 15, 2021

Maybe. It depends on the type of project (commercial or residential), where you are on the pecking order (did you contract with the owner or another contractor), whether you provided notice letters, and other factors.

You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.

Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.

Good luck.

0 people found this helpful
Helpful