Menu
Home>Levelset Community>Legal Help>Do I have any right to file a lien?

Do I have any right to file a lien?

TexasConstruction ContractMechanics LienPreliminary Notice

I provided design services to a client (FF& E), but she is refusing to pay the remaining balance. How do I go about collecting my $900 owed to me? She reached out to me through a neighbor, and confirmed that she wanted new furniture for her new build home. I told her it would $1,800.00, but that $900 would be due upfront and the remaining due at completion of researching materials. She did pay the original $900, but due to her own personal choices, she decided to halt all future work, therefor owing me $900. I sent her an invoice for unpaid services, and she replied back stating that she does not owe me.

2 replies

Jul 13, 2021

Hello,

It depends. This one will be tricky because we do not know the exact nature of your work. The Texas lien laws provide liens for anyone who provides labor and materials for the improvement of real property. The question will be whether your services were for the improvement of real property.

At the very least, provide a Notice of Intent to Lien and see what she says. After which, consider filing in small claims court for the recovery of the $900. If you file a lien, you are required to use District Court to enforce the lien, you will not be able to foreclose on a homestead, and if you provided services through a company, you will be required to hire a lawyer. It is very possible the cost of such an endeavor will quickly outweigh the benefits.

E. Aaron Cartwright III
214.799.0776
Aaron@EACLawyer.com

0 people found this helpful
Helpful
Jul 15, 2021

In Texas, unlike many other states, design professionals are also given the right to lien for certain professional services that they perform for the project. In today’s uncertain climate where collection of money for valuable design services performed is a concern, the lien provides the design professional the opportunity to secure payment.

Like their contractor counterparts, design professionals must satisfy certain requirements to maintain and perfect a mechanic’s lien in Texas.

  1. The lien for professional services is limited to architects, engineers and surveyors.
  2. The types of professional services for which the property can be liened are limited to the preparation of a plan or plat in the case of architects and engineers, and the conducting of a survey in the case of a surveyor.
  3. The design professionals must be in privity of contract with the owner or the owner’s agent.
Although you did not ask a direct question about actually getting paid ---which filing a lien does not guarantee, the reason you would want to file a lien is for achieving an endgoal ----past the intermediate goal of filing a lien---- of getting paid in full under the terms of your contract. And so --not losing sight of the actual end goal you were trying to achieve through the filing of a lien, while you may not fall into the above-described categories of design professionals eligible to file a lien----- which was NOT your end goal----- only a means to get to your end goal, depending on the terms of the contract and the particular fact situation you might still have an action to obtain your endgoal-----full payment. In order to get a better idea on the strength of your claim for full payment you would necessarily need to submit the contract for review and supply sufficient facts about the case for our firm or any other firm to provide you with a useful assessment.
0 people found this helpful
Helpful