I sent a notice to file lien last month. I have still not been paid. What do I file now?
1 reply
Dec 18, 2019
Generally, if a Notice of Intent to file a lien is delivered and no payment has occurred, the next step is to actually file the claimed lien. Texas has a fairly complex mechanics lien scheme, which requires (potentially multiple) notices to be sent in order to retain the ability to file a valid and enforceable mechanics lien. The specific notice requirements depend on the project type, and the role of the potential lien claimant. More information about the notice that may be required can be found here. If the notice requirements are met, or don't apply (parties who contract directly with the oner do not need to send preliminary notices) the lien may be filed.
Texas mechanics liens must be In Texas, mechanics liens must generally be filed by the 15th day of the 4th month after the last month in which they furnished labor or materials to the project. However, for residential projects, the deadline is shortened to the 15th Day of 3rd month from last furnishing. Direct contractors also have a "constitutional lien" that does not specifically need to be filed, and instead can just be enforced through a lawsuit. Note, however, that if the project was on a homestead property, many additional rules apply.
If, for some reason, a mechanics lien is not available, a party owned money for construction work can try to recover the money through a lawsuit for breach of contract (or other cause of action). If the amount meets the requirements, small claims court can sometimes be an option to reduce the time and expense of trial.