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Can a Contractor File a Mechanic’s Lien in Houston?

August 17, 2024

You’ve put in the hours, the hard work, and the dedication, only for a dispute about payment to arise, threatening your bottom line. For many contractors in Houston, the solution to such disputes is to file a mechanic’s lien. These legal tools can help you secure your right to payment by placing a claim against the property. However, navigating the lien process and ensuring it is properly filed and enforceable can be complex.

If you are having trouble recovering the payment you rightfully earned and need guidance on filing a mechanic’s lien, our team at Quadros Migl & Crosby is here to help. Our skilled construction attorneys can provide the legal support you need to navigate the lien process, ensure compliance with local regulations, and work toward a resolution that protects your interests and ensures you receive the compensation you are owed.

What You Should Know About Mechanic’s Liens

Construction projects are a whirlwind of deadlines, budgets, and materials, all requiring careful coordination. Amidst the hustle and bustle, disputes over payments can create significant disruptions. Mechanic’s liens offer a legal solution to address any payment issues.

What Is a Mechanic’s Lien?

A mechanic’s lien is a legal claim against a property that has been improved or repaired, which allows a contractor, subcontractor, or supplier to seek payment for work performed or materials supplied. Essentially, it provides a security interest in the property, giving those who contribute to a construction project the right to hold a claim against it until they are paid.

Who Can File a Mechanic’s Lien?

In Houston, as in other parts of Texas, contractors, subcontractors, and suppliers who have not been paid for their work or materials have the right to file a mechanic’s lien. This lien applies to various types of construction, including residential and commercial projects. However, there are specific rules and procedures that must be followed to ensure the lien is valid and enforceable.

How to File a Mechanic’s Lien in Houston

The deadlines for filing a mechanic’s lien in Texas are strict. Generally, you must file the lien within 90 days of the completion of work or delivery of materials. Additionally, you must adhere to specific requirements for the notice and lien documents to ensure they are enforceable.

To ensure your mechanic’s lien is properly executed, your attorney can guide you through the process, which includes the following steps:

  • Pre-Lien Notice: Before filing a lien, you must provide a pre-lien notice to the property owner, general contractor, and possibly the lender, informing them of your intent to file a lien if payment is not received.
  • Prepare the Lien Document: The lien document must be prepared with accurate details, including the property’s legal description, the amount owed, and the nature of the work or materials provided.
  • File the Lien: The completed lien must be filed with the county clerk’s office in the county where the property is located. In Houston, this would be the Harris County Clerk’s office.
  • Serve the Lien: After filing, a copy of the lien must be served to the property owner, general contractor, and any other relevant parties.

At Quadros Migl & Crosby, we understand the complexities of construction law and are here to assist you through every step of the process. Our team is equipped to guide you in filing a mechanic’s lien, from ensuring compliance with Texas regulations to handling disputes efficiently. For years, we have worked diligently to protect contractors in Houston and throughout Texas, helping them receive the payment they deserve for their hard work.

File a Mechanic’s Lien With the Help of a Quadros, Migl & Crosby Attorney

Navigating the process of filing a mechanic’s lien can be challenging without the right legal support. At Quadros Migl & Crosby, we have extensive experience in construction law and are well-versed in the specific requirements for filing mechanic’s liens in Houston and throughout Texas. Our team will guide you through each step, from preparing the pre-lien notice to ensuring the lien documents are accurately completed and properly filed. We work diligently to protect your right to payment and help you avoid potential pitfalls. 

With years of dedicated service to contractors in Houston and across Texas, Quadros Migl & Crosby provides reliable, personalized legal assistance tailored to your needs. Whether you need help filing a lien or resolving a payment dispute, we are here to support you with comprehensive legal strategies. Contact us today at (713) 300-9662 or via our contact form to secure your right to payment and ensure your interests are protected.