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Mechanics And Materials Lien

Mechanics And Materialman’s Liens

The term “mechanic’s and “materialman’s lien” is a abroad category used for any type of construction lien on real property These claims generally result when the contractor hasn’t received compensation for property improvements. These claims offer contractors protection when the work gets completed, but for whatever reason, the payment gets overlooked. When referring to parties who supply materials for a construction project, the lien is referred to as a materialman’s lien or sometimes called a supplier’s lien. Generally, mechanic’s liens and materialman’s liens attach to real property in the same manner. 


Understanding the Mechanic’s and Materialman’s Lien 

In Texas, a mechanic’s lien and materialman’s lien are legal claims made or filed against commercial properties or residential homes. These liens are typically used by contractors, subcontractors and suppliers of materials when they haven’t received compensation for their work or for supplying materials when making any type of construction project or property improvements. These liens are a way of securing payment for construction projects including remodeling or making home improvements. These uncomfortable situations require contractors and suppliers to take immediate action in filing such liens to recover payment for services rendered. Speed is of the essence when filing such a lien, and accuracy is equally as important.

Texas construction lien laws are set forth in Chapter 53 of the Texas Property Code. However, filing a perfected claim or lien is not always straightforward. That’s the reason to leverage the expertise of skilled construction lawyer. Without competent representation, it can be hard to preserve your rights or get a positive outcome for your claim. Kirkpatrick Law knows the Texas Property Code and will provide you with the necessary information and representation for your particular situation.


How Are a Mechanic’s Liens and a Materialman’s Liens Different in Texas?

There are few differentiating points between the types of liens. Texas Property Code Chapter 53 details the requirements for “Mechanic’s, Contractor’s, or Materialmen’s Lien.”  However as indicated above, the necessary standard provisions for all three statutory liens are nearly identical.

Not everyone who works on a building project will be eligible to file a Mechanic’s and Materialman’s Lien. If you have concerns or questions about specific issues you face or to determine if you’re eligible to file such a lien, contact us today. Kirkpatrick Law specializes in business and construction law and can help you with your construction matter.


Mitigate Risk the Right Way

The lien system in Texas occasionally comes up for review and simplification, but so far, widespread reforms haven’t happened. That’s the reason working with experienced lawyers who understand the law inside and out is your best bet if you want to file or defend against liens. Since this is a rather complex area of construction law that oftentimes results in a contractor not taking the proper actions in filing such a lien, it is necessary to get your construction lawyer involved at the outset. Simply put, there are no shortcuts or one-size-fits-all solutions. Although you may feel tempted to do it yourself, be aware that missing even one small detail in a filing can prove disastrous.


Hire An Experienced Construction Litigator

Construction litigation is an ever-growing field and payment issues are probably one the most highly litigated areas of construction matters.  Having an experienced law firm like Kirkpatrick Law to advise and represent you in properly filing your construction liens will improve your ability to collect payments through those liens. Contact our office today for your free, no-obligation consultation to determine if we can help you.  We understand the Houston, Texas construction industry and its nuances and are ready to answer your questions.