I filed a mechanics lien on a property and then I had to amend the amount to a higher amount. The company I use is Levelset and they referenced you to answer if I am supposed to file the lien in the complete amount owed or for just the amended amount as they cannot give legal advice. Could you please assist me with the proper instructions. The final work for this job was completed in Mid January and the lien was placed and filed in December.
Mary:
You really should retain a construction attorney (like me) to review and evaluate your paperwork and legal situation, and to provide advice.
You do not indicate whether you are the original contractor (the contractor who contracted with the owner) or are a derivative claimant. You do not indicate whether the project is commercial or residential. The requirements are different. You do not indicate during what month your unpaid work was performed.
Filing a proper lien is important. Filing a lien that can be deemed as fraudulent under the Texas Fraudulent Lien Act could subject the filer to $10,000 in statutory damages, or actual damages, whichever is greater, plus attorney's fees.
So, retain a competent construction attorney.
Good luck.
How much does it cost to retain your services?
My hourly rate is $300.
If you prevail with your mechanic's lien claim, you are entitled to reimbursement for your attorney's fees.
Is there anyway that I could speak with you for advice for this particular lien? Or would you charge me $300 to get the answers to my questions?
Mary:
Feel free to call. No charge for a consultation.
Brian W. Erikson
The Erikson Firm, A Professional Corporation
P.O. Box 140249
Dallas, Texas 75214-0249
Telephone: 214-202-4742
Telecopier: 1-214-853-5320
eMail: Brian.Erikson@eriksonfirm.com