In Texas does a contractor have to have a written contract in order to file a mechanics lien on a residential non homestead property?
1 reply
Aug 17, 2020
Generally, a written contract is not required in order to file a valid mechanics lien in Texas. However, like many things with respect to Texas lien law, the answer is a bit more complex than that.
Written contracts are specifically required (and must be filed) for lien rights to arise on a project on a residential homestead property. If a property is residential in nature but is not a homestead (rental property, second home, etc.) the written contract requirements and other additional requirements related to a homestead lien do not apply.
However, that is not the end of the story. Architects, engineers, surveyors, and landscapers are required to have a written contract in order to qualify for mechanics lien protection on all project typess