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Mechanic’s Liens

Posted by Chris Peterson | Sep 07, 2013 | 0 Comments

Mechanic's Liens

mechanic's lien attorney in College StationContractors and materials suppliers are allowed under Texas law to place a mechanic's lien on property where work has been performed but payment has not been forthcoming. A mechanic's lien attorney in College Station understands the importance to your business of ensuring that fair remuneration for goods and services is given, and can help you file the proper paperwork in a timely fashion.

A mechanic's lien attorney in College Station on How to File a Mechanic's Lien

Failure to pay is a problem for any business that provides goods or services to customers. However, given that contractors cannot simply demand return of a service performed (one cannot, for instance, simply “undo” the remodeling of a room), mechanic's liens provide a way to recoup losses. However, as a mechanic's lien attorney in College Station will advise, it is necessary to follow proper Texas law when filing a lien; failure to do so can result in loss of right of enforcing the lien.

The actual lien process begins when a contractor files an Affidavit of Lien with the County Clerk in the county where work was completed. It is important to make sure that the affidavit is complete and accurate; this is not as straightforward as one would imagine, given that each jurisdiction can add certain requirements that must be met.

A mechanic's lien attorney in College Station Discusses the Notice and Filing Timeline

State law does not mandate that primary or subcontractors give preliminary notice before filing a lien. That said, the requirements for notice following the filing of a mechanic's lien are rather stringent, and a mechanic's lien attorney in College Station can work with you to make sure that these are met. The following lists significant dates: 

  • Filing the Affidavit of Lien: Contractors must file the Affidavit of Lien on the fifteenth day of the fourth month the payment for services has not been rendered.
  • Foreclosure on a Lien Claim: Foreclosure on a claim must occur within two years of the last day of work on the project.
  • Materials Suppliers: If a lien is filed by a materials supplier, ongoing monthly notice of non-payment and total owed must be sent to the property owner. 

Ultimately, businesses that provide services for which they are not paid have limited recourse without the ability to file a mechanic's lien. A mechanic's lien attorney in College Station understands the needs of businesses to file claims to protect their interests, and will provide assistance in all aspects of the lien process.

Call a mechanic's lien attorney in College Station for Legal Assistance

If you need to file a lien claim, or have another legal matter with which you need assistance, a mechanic's lien attorney in College Station at Peterson Law Group will be happy to meet with you. We provide clients with the highest standard of legal assistance. Call us today to arrange a consultation at (979) 703-7014.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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