I rented some equip to a GC for a job and they became past due so I filed a lien. Then, they sent one of their subs into one of our locations to rent another piece of equip. under a different name as COD. While they have paid for the 2nd rental, they are still possession of the machine, so I would like to file a 2nd lien on the property for the value of the machine. Is that possible/legal?
Hello,
In Texas, you may file a lien for each invoice that goes unpaid. If he is continuing to hold the equipment and you are still charging for it, you may file a separate lien for the amount over and above the first lien so long as you have sent an invoice that has gone unpaid for the additional balance.
Does that make sense? It's basically getting bites at the apple for each unpaid invoice. Roughly.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com
You may only file a mechanic's lien for the value that has been conferred on or incorporated into the real property. When you sold a piece of equipment, the equipment was probably not incorporated into the real property, although its work may have conferred a value on the real property. So, the whole price of the equipment should not be part of a mechanic's lien on the real property.
Yes, you can file more than one mechanic's liens on real property provided that you are legally justified with value conferred on the property.
Retain a construction attorney to evaluate your legal situation and to provide advice.
Good luck.