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Can we file a mechanics lien against a public, pay-when-paid, design project in Texas?

TexasMechanics LienPay When Paid
Anonymous Architect / Engineer

We are new to Levelset, and want to make sure we include, or exclude, the correct clients. Can we file liens on contracts that are considered “Paid when Paid” (PWP)? For example, we have a PWP contract with a client for providing design services for the County/Municipal area.

1 reply

Attorney at House Perron & House Pllc
| 52 reviews
Apr 10, 2020
Very generally speaking, you should always secure your lien rights. It is my understanding that paid when paid clauses do not affect the requirements Texas law places on you in perfecting or filing your lien. Now such language may delay the general contractor's duty to pay you, but that is not related to the requirements necessary to perfect your lien. Keep in mind this advice is extremely generalized and that I have not had the opportunity to review your contract. This is an intricate legal issue so while it is great that you are getting your lien filed, I do recommend retaining an attorney to assist you in perfecting your rights (and avoiding breach of any pertinent contractual terms). You can reach me directly if you would like to discuss this issue in greater detail. Very best, Ben House 281-762-1377 ben@houseperron.com
NOTICE: The advice provided above is of a general nature only and should not be relied upon under specific circumstances without first retaining an attorney
and having your legal issues reviewed in detail. Ben House and the law firm of House Perron & House PLLC are not agents, contractors, or employSee More...
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