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Can I file a mechanics lien?

TexasMechanics Lien

I am a contractor that performed a installation and materials of a job. I don’t have a written contract, only a verbal agreement with the owner. The job was performed at his unoccupied residence that still under construction while he lives in another place that it’s own by him. Can I still file a mechanics lien?

2 replies

Sep 23, 2020

This would depend on whether the work you performed was on a home that is being newly constructed. If so, then it is likely that the homeowner will not be entitled to homestead protections and therefore you would be entitled to a constitutional lien, and potentially a statutory lien if the work was done recently.

However, if the homeowner has instead moved out so that his home can be renovated, that may not be enough to eliminate the homestead protections from the property, which would then require a written contract to support the filing of a lien.

If you wish to speak to a lawyer about this situation, please don't hesitate to contact me directly.

Very best,

Ben House


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Sep 24, 2020

So long as the residence is not the homestead, then you can file a lien. If you are working under a general contractor, then you will have had to timely provide written notices. If you are working at the direction of the Owner, then you will have to file a lien within 6 months of finishing work.

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