Hi, We are a firm that specializes in helping landowners/developers develop special districts (MUD, PID, TIRZ) for funding infrastructure in master-planned communities. We have never been clear on if we are able to file a mechanic's lien for our services, can you please give some feedback? I am also interested in the constitutional lien in Texas, as we have a contract directly with the landowner (developer) and I was thinking this would be our route? Our first billing to him was around the first part of October so I am not clear on if we missed any deadlines. Thank you (ps, we are in AZ if that makes a difference, the landowner is in Texas)
The right to be able to file a mechanic's lien is set out in Chapter 53 of the Texas Property Code. Texas Property Code section 53.001 lists the definitions concerning aspects of the lien filing process, while section 53.021 lists the person entitled to a lien. Unless your company provides a professional design for the projects, or provides labor or materials for the projects, you probably would not qualify for a mechanic's lien.
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.
Good luck.
YOU are able to give notices and file liens if your work was on a specific piece of land.
Since you are an “ORIGINAL CONTRACTOR” you are entitled to send notices and file liens for both a statutory and a constitutional lien.
Once all of that has happened properly then if still not paid you need to file suit to foreclose the lien