Can we file a lien

Texas

Hello, we have a project in Texas that was started in 2019, we never filed a notice to owner or notice to lien. Can we effectively lien this project for non-payment without these documents being filed previously? Please advise

2 replies

Apr 8, 2021

Hello,

No. Texas Property Code Chapter 53 has very strict requirements on the timing of notice for the purpose of perfecting liens. Subcontractors have even more stringent requirements than the general contractors under Chapter 53. Lien notices must be provided within months of nonpayment, not years.

Unfortunately, you are out on your lien rights but the statute of limitations for breach of contract and a number of others has not passed so you can still sue the general contractor or whoever was responsible for your payment.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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Apr 8, 2021
If the project has not as yet been fully completed, you may have rights to file a mechanic's lien as to the 10% retainage that the owner is required to withhold. Doing so could attract the owner's attention, and the owner may be willing to set aside enough money to pay off the debt owed to you. Retain a construction attorney to evaluate your legal situation and rights and to provide advice. Good luck.
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