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Can I include lien costs and filing fees in the lien amount itself?

TexasMechanics Lien

We work in Texas and have lien deadlines coming up. I am wondering if I can include the cost of the liens and lien cancelations in the "amount owed" I list on the mechanics lien.

1 reply

Apr 9, 2020
In Texas, any amount unrelated to the value of the labor and/or materials furnished may not be included in the lien claim. However, legal fees and interest may be awarded to a successful lien claimant by the court. Specifically, Texas Property Code § 53-023 sets forth the amounts that may be secured by a mechanics lien as payment for:
  1. the labor done or material furnished for the construction or repair;
  2. the specially fabricated material, even if the material has not been delivered or incorporated into the construction or repair, less its fair salvage value; or
  3. the preparation of a plan or plat by an architect, engineer, or surveyor in accordance with Section 53.021(c).
In the case of a subcontractor, that amount can be further limited to an amount not exceeding the proportion of the work done to the full subcontract price minus the payments already made to the claimant.    
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