Frequently Asked Questions - Texas Mechanics Lien
Texas Lien Documents are Easy to File with LienItNow.com
Watch: The Texas Lien Process
Texas is big, and can be hard to navigate. When you have a lot of other things to get done on a construction project, you don't want to be spending time and money figuring out how to file a mechanics lien. LienItNow.com provides the construction industry online mechanics lien forms to help contractors, sub-contractors, and material suppliers obtain a security interest in the property owner's land, and secure the payment they've worked for.
In three simple steps, Texans can complete a mechanics lien in only 10 quick minutes. Once a time-consuming process for construction companies, LienItNow.com makes filing your mechanics lien faster and easier than ever. LienItNow.com can also help you create bond claims, pre-lien notices and lien releases.
LienItNow's services and products are not a substitute for the advice of an attorney. While our site is based on lower cost through the power of "do it yourself", if you need help specific to your issue, you can take a look at our Attorneys Connections page to find a lawyer who can provide the assist.
In Texas, mechanics' liens are created by constitutional right and by statute. A Constitutional Lien, which establishes a Texas Construction Lien, is available only to contractors in direct contractual privity with the owner for the improvements to the property. Statutory mechanics' liens may be asserted, similar to other states, by general contractors, subcontractors, materialmen, mechanics, or artisans. A Texas mechanics lien that is filed with regard to work performed on privately owned property attaches to and encumbers the fee simple ownership of the property.
Real estate brokers of commercial property also have Texas mechanics lien rights for unpaid commissions in the state of Texas.
It is important to understand that just because the Texas Constitution and the Texas Mechanics Lien Law (property code) establish liens for contractors and subcontractors, liens are not automatic. The protection a lien provides under the Texas lien laws can only be provided if the lien is actually filed. In Texas, construction liens are not effective against innocent purchasers of property, or against lenders, unless the construction lien is filed in the form of a lien affidavit.
For public projects, a lien against monies due the prime contractor may be filed. The Texas public mechanics lien claim is against monies due, not against the real property or improvements.
Texas lien laws are some of the most expansive in the United States in terms of who has construction lien rights. The Texas construction lien law provides broad protection for nearly everyone who provided labor, or was supplying materials or services on a Texas construction project. According to the Texas lien laws, contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a lien. Material suppliers may also file liens. The Texas mechanics lien law also states that architects, engineers and surveyors are also entitled to Texas statutory liens so long as their design is utilized in the performance of the construction work. Even real estate brokers of commercial property have construction lien rights under the Texas lien laws if their commissions are unpaid. Note that claimants that are working on Texas Homesteads must file a Homestead Affidavit of Lien, which requires its own specific information.