mechanic's liens

General contractors, subcontractors and suppliers who have worked on a construction project can file a mechanic's lien in the real property records for the county where a construction project is located.  The lien provides judicial notice that a contractor, subcontractor or supplier has not been paid for work performed or materials supplied to the project.  

Mechanic's and materialmen's liens ("M&M Liens") are perfected against the real property a project is constructed on.  If the lien is not paid, the lien claimant may foreclose the lien and have the property sold if the owner did not withhold retainage to pay the lien claimant for the services or materials supplied to the project.

The Texas Supreme Court has stated that Texas mechanic's lien laws are "not exactly a model of clarity".  Our lawyers have substantial experience perfecting mechanic's liens and have recovered payment on behalf of clients in dozens of Texas counties.

Perfection of a mechanic's lien is a complicated process requiring different notices depending upon the facts of each case and should be performed by a construction attorney.

Depending upon whether you are a subcontractor or supplier, perfection of a mechanic's lien may require that up to two notices be served on the general contractor, owner and / or party who ordered the services.  The first notice must usually be mailed by certified mail no later than the fifteenth day of the second month after the work was performed or the materials were provided.  The second notice must be mailed by certified mail no later than the fifteenth day of the third month after the work was performed or the materials were provided.  Specific statutory language must be included in the lien claim notices in order to properly perfect the lien. Furthermore, separate lien notices must be served for each month the work was performed or the materials were delivered. 

At Newport & Associates we routinely perfect mechanic's liens and file lawsuits for foreclosure of liens if the claim is not paid.   If your company has not been paid for materials supplied to a construction project or for services performed then call to set up an appointment so that we can discuss your claim.