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Liens on Machine Moves

TexasMechanics LienRight to Lien

Hello, My question is pertaining a service we provide, we do machine moves, so we will provide transportation for dozer or track hoe or roller, etc. I wanted to know if we have a final address to where we can this service on to levelset. Thank you,

4 replies

Nov 17, 2020

Hello,

It sounds like you're providing a service for the improvement of real property so Levelset should be able to help you file a lien. Go to Levelset.com and there's a button for Request a Call.

-Aaron

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Nov 19, 2020

Texas is pretty generous with mechanics lien rights. And, because Texas pretty broadly allows for lien rights, it's certainly possible that mechanics lien rights would be available. 

Traditionally, mechanics lien rights are available to the companies who supply materials and equipment to the job. But, when a company is merely transporting the materials or supplies to the job site, and not supplying them themselves, lien rights do get called into question. Still, from what I can tell from a quick look into the Texas Property Code and case law on Texas mechanics liens, it doesn't look like this is a particularly black and white matter in TX lien law. So, this may well fall into a bit of a gray area.

Finally, note that mechanics lien claims regularly lead to payment, regardless of whether a claim is flawed in one way or another. So, when work seems to be in the gray area for lien rights, it still may be possible to get paid via a lien claim - and legal scrutiny on a lien will typically only happen if the lien is challenged or if it has to be enforced. Plus, if an owner or G C does challenge a lien, the lien claimant will typically have an opportunity to release their lien if there's doubt about the availability of lien rights.

In any event, keep in mind that the simple threat of a lien claim will often lead to payment: What is A Notice of Intent to Lien And Should I Send One?

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