MATERIAL-MAN'S LIENS & 

CONSTITUTIONAL LIENS. 

What Is Mechanic's or Material-Man's Lien?

Mechanic's Liens are legal documents that protect the rights of an individual seeking unpaid compensation, such as contractors, subcontractors, suppliers, etc. In the event a homeowner or individual is acquiring a service or hiring someone for a project, and the final payment is refused, the contractor or individual requesting payment can sue for breach of contract. Still, the lien laws give an alternative option to file mechanic's liens on the property. These liens linger over the property and cause further issues down the line, like selling a property or things similar to such. Our Dallas mechanic's lien lawyers can advise you on a wide range of legal matters, including commercial contracts, construction contacts, liens, and other commercial transactions involving land. We also perform real estate litigation, commercial litigation, and lien foreclosures. 

What Are The Steps for Filing A Mechanic's Lien?

When preparing and filing a Mechanic's Lien, it is crucial to understand that the law requires a very strict standard to be met by the lien holder. Specific mandatory steps are required to perfect a Mechanic’s Lien against either a residential or commercial property, and those steps include the following: 

• The property owner and general contractor must have legal notice of the lien; 

• Lien affidavit must be timely filed with the county clerk's office; and

• Lien affidavit must be served on the owner and general contractor.

The Lien Affidavit should be sent as an enclosure to a strong Payment Demand Letter that addresses the Texas Trust Fund Statute, the Texas Prompt Payment Act, and possibly the Deceptive Trade Practices Act to increase the probability being paid. At Wilson Legal Group, our mechanic's lien lawyers  utilize a team-based approach that benefits from having access to multiple attorneys with substantive years of experience in many practice areas. Whatever your lien needs may be, our Dallas real estate and lien attorneys have the talent, resources, and expertise to meet them in an efficient, timely, and cost-effective manner.

What Is The Deadline To Serve A Pre-Lien Notice?

If hired by the Property Owner or the Property Owner’s Agent, you have no obligation to serve a lien notice before filing a Lien. If you were not hired, then you must meet the following deadlines to file a pre-lien notice:

Commercial Projects: A pre-lien notice must be filed no later than the 15th day of the third month, for each and every month that you provide unpaid labor or materials to the project; however, subcontractors and other suppliers are required to serve an additional notice to the general contractor by the 15th day of the second month from providing unpaid labor or unpaid material to the project before serving the pre-lien notice; and

Residential Projects: A pre-lien notice must be presented to the general contract and the property owner no later than the 15th day of the second month for each and every month that you provide unpaid labor or unpaid materials