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How do i file a lien on 2 separate invoices

TexasMechanics Lien

We have a customer that has a water mitigation invoice and an asbestos invoice. How can i file just one lien? Do i have to file 2 separate liens?

2 replies

Jun 17, 2021

The legal analysis would start with a review of your contract, and then extend to the nature of the project (residential or commercial), and whether the property is someone's homestead, and then to any communications which have occurred.

If the property is the owner's homestead (meaning that the owner owns the property and lives there) then your contract with the owner would have to satisfy the requirements of Texas Property Code sections 53.254, et seq., which requires specified homestead lien warnings, signing by husband and wife, and recordation in the county property records. 

You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.

Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.

Incidentally, if the work was performed under one contract, then you would only need one mechanic's lien - assuming that you have the right to file a mechanic's lien. Again, retain a construction attorney.

Good luck.

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Jun 17, 2021

Hello,

You may do either but there are some considerations. Were there two separate contracts? Was work completed for both in the same month?

If there were two separate contracts, I would seriously lean toward filing two separate liens just to keep everything straightforward. It is possible to do it in one and just reference both contracts, both works completed, and the separate amounts but that may get messy unless you have a professional do it.

E. Aaron Cartwright III
214.799.0776
Aaron@EACLawyer.com

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