Notices

As long as you have issued proper notices for labor, materials, and specially fabricated materials, you my combine future notice in the same notice as long as you distinguish how much is for labor and materials, and how much is for specially fabricated materials.

The importance of the specially fabricated materials notice is to capture the value of such materials even if they are never actually shipped to the project.

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.

Hello Brian,

Are you construction attorneys? What is the process? What is the cost for your service?

Charlie - When I really had to work for a living, I was a licensed professional engineer. I went back to law school and have been practicing construction law for more than 30 years.

My hourly rate is $300. I would need to review your contract, and notices, and any communications which have occurred concerning the performance of your work and why you are not being paid.

Brian W. Erikson

 The Erikson Firm, A Professional Corporation

 P.O. Box 140249

Dallas, Texas 75214-0249

Telephone: 214-202-4742

Telecopier: 1-214-853-5320

eMail: Brian.Erikson@eriksonfirm.com