If rental equipment is damaged on a job, can that work order invoice be included on the mechanic's lien

Hi Dawna,

This question is actually more complicated than you might think. The law defines "Material" which may be liened upon, in part, as "rent at a reasonable rate and actual running repairs at a reasonable cost for construction equipment used or reasonably required and delivered for use in the direct performance of the work at the site of the construction or repair". Tex. Prop. Code 53.001.

This would seem to allow a lien for the cost of "actual running repair", but that term is not further defined in law that I am aware. Likewise, I cannot be positive, but I think there exists at least a good legal argument in support of a lien for the reasaonable cost of repair of the damage, especially if the damage prevented the equipment from operating or otherwise being used/usable for its intended purpose. If the damage is more of the regular wear and tear variety, I think the claim would instead be much weaker.

I recommend being very careful about how your lien is worded in order to perfect it properly. If you're talking about a considerable sum here, I would recomend retaining a professional. 

Very best,

Ben House

281-762-1377

ben@houseperron.com