i filed a lien on a major hotel for non payment of services. the cost to sew was too high. my lien has been on the books 3 years.is it still valid?
1 reply
Dec 2, 2019
Mechanics lien claims generally have two deadlines: the deadline for filing the mechanics lien itself, and the deadline for enforcing (filing suit on) the lien claim. Once a Texas mechanics lien is filed, the deadline to file an enforcement suit is pretty relaxed.
Suit must be filed by the later of the following two dates: (1) 1 year after the termination, completion, or abandonment of the project; or (2) 2 years after the last date on which the claimant could have filed their lien. So, that's either 1 year from when the overall project finished up, or 2 years after the lien deadline (i.e. generally a bit under 2 and a half years from last furnishing labor or materials to the job).
Based on the above information, in a situation where it's been 3 years since the lien was originally filed, it would seem that the lien would still remain valid and enforceable if the project were completed within the past year.
For more information on Texas mechanics liens, as well as what steps to take after a mechanics lien filing, here are some great resources:
- Texas Mechanics Lien Guide and FAQs- The 4 Steps to Take After Filing a Mechanics Lien