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Would a mechanic lien even be valid?

TexasMechanics Lien

I received a notice of intent to file a mechanics lien against my property 10 months after work was completed. I believe my old property manager paid the bill and am actively trying to clear it up but it’s been hard to reach them. In the meantime, is this contractor’s threat to file a mechanics lien even valid? The work was completed in Dec 2020. The notice of intent to file a lien was only sent 11/23/2021

1 reply

Nov 25, 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 a contractor files a lien, the contractor has properly and appropriately done so.

Filing an invalid lien could subject the contractor 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. 

The legal analysis would start with a review of the nature of your project (commercial, residential, homestead, etc.), and to any notices that the contractor provided, when you paid out the contract money to the original contractor (the contractor that contracted with the owner or the owner's agent), when the work at issue was performed, and other factors.

So, retain a construction attorney to evalaute your legal position and to provide advice.

Good luck.

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