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options for lien filing if missed the deadline

Texas
Anonymous Architect / Engineer

We are the architect and have provided the designing services for this single-family home . We sent a total 5 invoices since April 2022 and none got paid. We were told to put a hold on the project until the investors sort things out. Now comes to find out that they are selling the property and the deadline to file was back in November 2022.

2 replies

Attorney at The Erikson Firm, A Professional Corporation
| 150 reviews
May 10, 2023

You really need to retain a construction attorney to evaluate your situation and to provide advice. Architects do have lien rights, but the rights are not as strong as an original contractor.

The inception date for a lien typically relates back to the beginning of construction.

Good luck.

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Attorney at Leake Law
| 10 reviews
May 11, 2023

You have a “Constitutional lien”.

YOU can file an affidavit claiming a “constitutional lien” only.

Need to file it and give notice. To all.

Then leverage the filing to stop the closing or get paid.

If its closed you can still file it and then the title company will nail the seller for perjury if they sign an affidavit claiming all bills were paid.

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