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I filed a mechanics lien last year and its recorded. How to I enforce the lien and what would be my potential outcomes.

TexasMechanics Lien

I filed a mechanics lien last year and its recorded. How to I enforce the lien and what would be my potential outcomes.

1 reply

Dec 16, 2022

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.

Depending on whether the project at issue is residential or commercial the statute of limitations is different. There is a one year statute of limitations for residential projects, while there is a two year statute for commercial projects.

Again, retain a construction attorney to evaluate your legal situation and options.

Good luck.

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