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Can I file a mechanics lien with my current service authorization

TexasMechanics Lien

Can I file a mechanics lien on a commercial job with my current service authorization. The authorization states that payments are due within 15 days of the invoice, but it doesn't have any specific verbage about the right to file a lien. The Service Authorization is typically signed by a property manager.

5 replies

May 20, 2020
If the work was performed and payment is overdue, you can file a lien regardless of any authorization from the Owner if you are the original contractor and the lien is filed by the 15th day of the 4th month after you completed the contract.

I would suggest sending a demand letter first, though it’s not required.
4 likes
May 20, 2020
Hello, Nothing in your agreement or authorization can prevent you from filing a lien. If the work you preformed improved the property and you have not been paid you can lien the property, you don’t have to wait the 15 days. The lien laws state you can lien once the debt occurred (i.e. when you finished the work), not when the payment due date is. Thanks, Karalynn Cromeens Managing Partner 8431 Katy Freeway Houston, TX 77024 Tel: (713) 715-7334 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.
7 likes
May 22, 2020
Assumptions This response assumes the Service Authorization (1) means a proposal from your company that is signed by the owner of the property, or the owner’s authorized representative; and (2) is legally sufficient under Texas law to form a contract. This response also assumes that the property is (1) privately owned rather than owned by a public entity; and (2) is not the owner’s homestead as defined by Texas law. Response The Service Authorization does not have to contain language regarding your right to file a mechanic’s and materialmen’s lien. The right to file a mechanic’s and materialmen’s lien is provided by Texas law: (1) a lien provided by a statute, namely the Ch. 53 of the Texas Property Code; and (2) a lien provided by the Texas Constitution for claimants that have a direct contract with the owner of the property. A. Statutory Lien §53.021 of the Texas Property Code identifies the persons that are entitled to file a mechanic’s and materialmen’s lien: Sec. 53.021. PERSONS ENTITLED TO LIEN. (a) A person has a lien if: (1) the person labors, specially fabricates material, or furnishes labor or materials for construction or repair in this state of: (A) a house, building, or improvement; (B) a levee or embankment to be erected for the reclamation of overflow land along a river or creek; or (C) a railroad; and (2) the person labors, specially fabricates the material, or furnishes the labor or materials under or by virtue of a contract with the owner or the owner's agent, trustee, receiver, contractor, or subcontractor. (b) A person who specially fabricates material has a lien even if the material is not delivered. (c) An architect, engineer, or surveyor who prepares a plan or plat under or by virtue of a written contract with the owner or the owner's agent, trustee, or receiver in connection with
1 likes
Feb 21, 2021
A person may have a right to file a mechanic's lien against a construction project if the person qualifies under Section 53.021 of Chapter 53 of the Texas Property Code. You can review Section 53.021 at the following link: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.53.htm When you review the Property Code, you will see that not every person who provides a service for real property has the right to file a mechanic's lien. For example, a grass cutter does not qualify for mechanic's lien rights. Retain a construction attorney to evaluate your situation and legal rights. Good luck.
0 likes
Jun 23, 2022
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