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Can I file a mechanics lien even though I missed all the notice deadlines in Texas?

Texas

I'm a subcontractor hired by a general contractor on a residential remodel. We supplied and installed our work in August 2019. GC and homeowner refused to pay due to a warranty issue that was resolved in January. Again, they refused to pay stating there are "service issues". After appointment being missed multiple times by GC & H/O, we were able to service the door in March 2020. I have yet to be paid and have missed all deadlines to send notices. Do I have any recourse to take further action?

2 replies

May 12, 2020
Generally speaking, Texas law does not consider "servicing" or "warranty" work as extending the notice/filing periods for mechanics' liens under the Property Code. Instead, courts will look to when the initial work was completed, which by the sounds of it was August 2019. Unfortunately, and without knowing more about the work, it sounds like the lien should have been filed within the time frame specified with August 2019 being the date of accrual. You aren't completely without recourse - you likely still have a claim against the General Contractor for non-payment, as that is who you contracted with to perform the work. If you'd like to discuss further, feel free to give me a call or an e-mail. Sincerely, Martin C. Law, Partner Patout | Law, PLLC 5850 San Felipe, Suite 500 Houston, Texas 77057 P: (346) 888-4730 | D: (346) 327-2501 F: (346) 327-2510 | E: mlaw@patoutlaw.com W: www.patoutlaw.com
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May 13, 2020
Hello, Warranty work generally will not extend the lien timelines. While you can't file a lien, you do have other options. Since it was a residential remodel you can sue the GC. Here is a link to the lien timetables - http://thecromeenslaw.wpengine.com/wp-content/uploads/2019/11/Lien_Deadlines_Timetables_.pdf We recommend that in the future you follow this timeline as soon as you have an invoice that isn't paid on time. Feel free to reach out if you have any other questions. Courtney E. Stricklen Lead Senior Associate Attorney 8431 Katy Freeway Houston, TX 77024 Tel: (713) 715-7334 CStricklen@TheCromeensLawFirm.com www.TheCromeensLawFirm.com Privileged Attorney-Client Communication and/or Attorney Work Product: The above message and attachments, if any, are confidential and may be protected by the attorney/client privilege and/or attorney work product. The unauthorized disclosure, use, dissemination or copying of this e-mail, or any information it contains, by anyone other than the intended recipient, is prohibited. If you are not the named recipient, or have otherwise received this communication in error, delete it immediately and notify the sender at the office number listed above or by return email.
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