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Do we have to have a written contract to file a mechanic's lien?

We are a grass/sod company in Texas that supplies landscapers with our product and they install it for residential and occasionally business. If the landscaper doesn't pay us, can we file a mechanic's lien? And do we have to have a written contract with the landscaper? They usually just call us and ask us to deliver x number of pallets to x location, so we don't have contracts.

1 reply

Mar 4, 2020

Texas landscapers and landscape supply companies must have a written contract in order to file a mechanics lien, as required by § 53-021(d) of the Texas Property Code. Note, though, that written contracts can be simple documents, and sometimes, something as easy as a signed email or signed purchase order could constitute a written contract. However, even if the landscaper or landscape supplier does have a written contract, it's possible that work on some residential properties (specifically, homestead properties) might not be lienable.

Mechanics lien rights on Texas homesteads

If the residential property is the owner's homestead, then a written contract will be required between the owner and their direct contractor. And, that contract must be signed by both spouses (as applicable) and filed with the county. If that isn't done by the direct contractor, then other project participants (including all subs, suppliers, etc.) won't have lien rights. So, unfortunately, whether or not lien rights are available on residential homesteads is mostly out of a sub or supplier's hands. You can read more about how homestead status will affect lien rights, here: - TX Lien Rights and Homestead Property - Texas Homestead Liens and Filing the Contract - Texas Mechanics Lien Guide and FAQs

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