Frequently Asked Questions - Texas Mechanics Lien

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Why Use LienItNow for Texas Lien Documents?

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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.

What is a Texas mechanics' lien Claim?

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.

Who can file a Texas Construction Lien Claim?
When should a Texas mechanics' lien Claim be filed?
How much does it cost to file a Texas mechanics' lien Claim?
Do I need a written contract to file a Texas Mechanics Lien?
How does filing a Texas mechanics' lien Claim help me get my money?
What is a Texas Stop Notice and why should it be filed?
LienItNow.com prepares and serves Texas Stop Notices.  A Stop Notice is a notification that has the ability to enhance the effectiveness of a mechanic's lien. A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project. Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim. The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid.
What is a Texas Amendment to a mechanics' lien Claim?
When should a Texas Discharge of mechanics' lien, or Texas Lien Release claim be filed?
How much does it cost to file an Extension of a Texas mechanics' lien Claim?
Can I file a Bond Claim on a Texas Project?
Do I need to file a Pre-Notice to make a claim against a Texas payment bond?