Home>Levelset Community>Legal Help>We are possibly looking to file a lien in Texas. What if we have had to remotely log into equipment and update settings. No one was physically onsite during this time but we were changing things on their system we installed. Can the date be from that time? Or is it when someone is physically out on site installing?
We are possibly looking to file a lien in Texas. What if we have had to remotely log into equipment and update settings. No one was physically onsite during this time but we were changing things on their system we installed. Can the date be from that time? Or is it when someone is physically out on site installing?
I'm trying to find out how much time after work is completed do we have to file a lien in Texas. I know we've physically been on site and remotely we've logged into equipment and updated items.
1 reply
Oct 16, 2018
That's an interesting question, and I'm not entirely sure I understand the situation. However, looking at some mechanics lien basics in Texas should be helpful to clear things up. First let's look at exactly who is entitled to file a Texas mechanics lien. Generally speaking, mechanics liens secure payment for construction work owed and unpaid that has improved real property. If the improvement is not what's considered a "permanent" improvement to the property, mechanics lien rights will likely not arise. When it comes to installing equipment, often, this will be considered "permanent" - but that will depend on the specific installation. i.e. Installing equipment that becomes a component part of the underlying property, building, or other construction might be considered a permanent improvement, but installing equipment that's very easily removed might not be. Further, remotely logging into equipment merely to change settings would not seem to fall in line with the spirit of mechanics lien laws. While that may be a necessary step, off site work that requires no labor or materials could be a little too attenuated to give rise to lien rights. Regarding mechanics lien deadlines, in Texas, a claimant must file their lien by the 15th day f the 4th month after the month during which the claimant last furnished labor or material to the job. As we discuss in the following post, insignificant work (such as mere corrective or punch list work) does not work to extend this deadline by creating a new date of last furnishing: What’s the ‘Date Labor or Materials Last Delivered’ and How Can I Prove It?