Construction Lien Attorney
Construction Lien Attorneys
Contractors provide the necessary materials and labor needed to complete real estate projects. This makes them uniquely vulnerable in situations where the property owners fail to pay them for the labor and the materials. Fortunately, contractors may have legal recourse to recover payment for labor and materials in such situations.
You need to consult an experienced construction lien attorney to advise and guide you if a property owner refuses or fails to pay you for work done and supplies used in projects.
Understanding Construction Liens
What Is A Construction Lien
Construction liens are also called mechanic’s liens or material men’s liens. This type of lien is a claim against real property that has been improved. It is often used as a legal tool to force property owners to pay contractors for projects that are completed.
According to Article XVI, Section 37 of the Texas Constitution “Mechanics, artisans and material men, of every class, shall have a lien upon the buildings and articles made or repaired by them for the value of their labor done thereon, or material furnished therefor; and the Legislature shall provide by law for the speedy and efficient enforcement of said liens.”
However, construction liens are complex and time-sensitive, which means that any contractor that has not been paid should seek the guidance of a construction lien attorney. Your attorney will help you understand your lien rights and take any step necessary to perfect your claim.
Contractors Lien Process
Construction Lien Attorney Near Me
You need to protect your rights from the moment the contract is drafted. Your lawyer can help ensure that only clear and enforceable terms are included in the contractor’s lien. Contractors and subcontractors need to take the following steps to protect their rights:
- A written request for information: Before or after executing the contract, contractors need to send the property owners a written request for information. The information needed includes a description of the property, a copy of contracts for the project, and more.
- Pre-lien notice: The type of pre-lien notice you need to send is determined by the type of construction project and your relationship to the project. Some notices you may need to send include notice of unpaid account, a notice of contractual retainage, or notice for specially fabricated items.
- Lien Affidavit: To collect from the property owner, contractors must file an affidavit of Mechanic’s Lien on the 15th day of the fourth month after completion or termination of the contract for a non-residential project, or on the 15th day of the third month following the month when the last materials and labor were provided for a residential project. This is the document that claims a lien on the owner’s property.
There are other special requirements for filing lien affidavits for homesteads. In a situation where the property owner refuses to pay for labor or materials, the contractor or subcontractor can file a claim against the property owner within four years.
Since construction liens are often highly complex, you may need to work with an experienced contract lawyer to help you file a lien and recover payment.
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