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What are the notice/lien requirements in TX

TexasLien WaiversMechanics Lien

We have a commercial job that we completed work on in TX in September or October. The contractor that we were a supplier for has not paid the final invoice. However we did not file any statutory notice prior to beginning the job early last year. Is that strictly required in TX? Have we missed the deadline to file a lien?

1 reply

Feb 11, 2022

You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.

Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.

You still could have rights to make a claim against the retainage that the owner is supposed to withhold.

You should consider preparing a letter to mail by certified mail, return receipt requested, to the contractor to set out the facts and to demand the relief that you want. Attach your unpaid invoice(s) and photographs of your materials delivered on site. Make sure that your letter is professional and business like as it may be evidence later.

If need be, consider filing suit in small claims court (assuming that your claim is less than $20,000), using your letter as evidence.

Good luck.

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