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How long do I have to wait to file a mechanics lien after sending my notice of intent in Texas?

Anonymous Subcontractor

I have just submitted notice of intent to file lien. Curious as to period I must wait before moving forward and how to make sure lien is recorded properly/ effectively against owner. This is against an E&P company's asset.

2 replies

Ben House

Construction Lawyer

Legal Guard Lawyer

Attorney at House Perron & House Pllc

| 52 reviews

Apr 1, 2020

I don't have enough information to answer your question. Filing lien and lien notices are all about timing, and the timing is absolutely critical. There appear to be a lot of resources on Levelset, but if you are nearing the need for litigation, I recommend hiring an attorney.

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Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,003 reviews

Apr 6, 2020

A Notice of Intent to Lien isn't really an official part of the Texas mechanics lien process, so a lien claimant can proceed with their claim whenever they'd like (as long as it's before the Texas mechanics lien deadline). With that being said, note that it's usually a good idea to allow recipients some amount of time to try and make payment or negotiate before a lien will be filed. Ultimately, that's the point of a Notice of Intent to Lien - to try and resolve things as amicably as possible while avoiding a mechanics lien dispute. But it's crucial to keep an eye on the lien deadline, so if that deadline is closing in soon, then filing a claim soon may be necessary.

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