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Protecting ourselves with Mechanics Lien

We did numerous mitigation jobs following the freeze damages from February 16th & 17th. Many jobs were not completed for weeks following the date of loss. Most all have been invoiced in March and April. Many of these jobs have yet to make payments. What steps do we need to take to protect our interest and make sure we get paid?

2 replies

Apr 16, 2021

The legal analysis would start with your contract, and then extend to any communications which have occurred. If the projects concerned residences, and the residences are the owners' homestead properties, you would have had to perfect a homestead mechanic's lien contract in accordance with Texas law. That typically does not happen. Regardless, you should write a letter by certified mail to the owners to set out the facts and to demand the relief that you want. If you are not paid, consider filing in small claims court using your letter as evidence (assuming that your claim is less than $20,000, the jurisdictional maximum for small claims court). Retain a construction attorney to evaluate your legal situation and to provide advice. Good luck.

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Apr 16, 2021

Thanks for the response. I'll get to work.

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