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What to do when deadline is missed ?

Texas

Hello , the summary on levelset is telling me i missed a deadline and that my payment isnt protected i would just like to know what this means excatly I wasnt aware i had to do anything besides provide the documents to file the lien, what should my next steps be ?

1 reply

Oct 20, 2021

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.

If you contracted directly with the owner or the owner's agent, you could have Texas Constitutional mechanic's lien rights. There is no statutory deadline for filing a Constitutional lien.

Good luck.

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