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Do we meet the requirements of the state of Texas to file lien documents

We are a Flood dryout company who went to Houston after Hurricane Harvey, our work consisted of - extracting water, removing flooring, walls, furniture, appliances and remaining contents for home owners who filed insurance claims. We would like to protect our position to get paid. I want to know what we have to do, and if still have time?

1 reply

Nov 29, 2017

Texas provides lien rights for a pretty wide array of work. According to statute, a person has a lien if the person labors, specially fabricates material, or furnishes labor or materials for construction or repair of a house, building, or improvement, among other structures. Keep in mind, only those amounts that relate to lienable work may be included in a Texas lien. In any event, Texas has very extensive notice requirements that must be met in order to file a mechanics lien - they're a little much to include in this response, but I've included a URL to one of our posts on the subject at the end which has helpful information and an infographic. Assuming applicable notice requirements have been met, if the project is residential, a mechanics lien must be filed no later than the 15th day of the 3rd month following the month in which the lien claimant last furnished labor and/or materials to the project. Here's that URL: http://blog.zlien.com/construction-payment/in-texas-construction-one-notice-is-not-enough/

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