I sent out two Texas notices and one of them listed the incorrect amount due. Can the contractor or property owner dispute my lien claim because of this?
Feb 26, 2019
Good question, and I'm sorry to hear you've had some trouble getting paid. First, it's worth noting that any error with a required notice could potentially create an issue with a mechanics lien filing. However, where an issue is minor, or where the issue didn't cause harm to the party receiving notice, it's entirely possible that a small error might not affect the viability of a lien when the notice sent was otherwise compliant with the Texas Property Code. Of course, even in a situation where a claimant sent an improper notice, to the extent that proper notice was given (i.e. the amounts which were properly preserved by notice), a claimant would likely still be entitled to a lien claim. While such a lien claim might not represent the entire amount that is due to the claimant, it could go a long way to force payment for what was secured. Further, in the event that a mechanics lien has not yet been filed, note that a Notice of Intent to Lien can be an effective tool, too - regardless of whether lien rights were entirely, properly preserved. Because a mechanics lien is such a drastic remedy, the mere threat or warning that a lien claim will be made is often enough to compel payment. zlien discusses that principle here: What is a Notice of Intent to Lien? Finally, it's important to keep in mind that when a mechanics lien is filed, it's extremely common for a property owner's initial reaction to be to challenge the filed lien claim - regardless of whether an issue actually exists. zlien discusses that here: My Lien Was Challenged — What Do I Do? As a last note, for more information on Texas notices and liens, this resource should help: Texas Lien & Notice FAQs.