I am a small contractor who has been on a job more then 30 daysand they refuse to ay,can ya help me?
2 replies
Apr 14, 2020
I don't know the facts of your situation, but yes I probably can help one way or the other.
You can reach me at my office directly if you would like.
Ben House
281-762-1377
ben@houseperron.com
0 people found this helpful
Helpful
Apr 14, 2020
The direct answer to your question is that yes, you can file a Texas mechanics lien even if the job is not completed. This is a really, really common question. So common, in fact, we've created a blog post and a video about it. Here is the blog post (Can a contractor file a mechanics lien if the job is not completed?) And you can watch the video here:
There are 2 things to keep in mind:
1) You can file a lien on the work that you completed
The first thing to remember is that you can file your lien for the work that you completed. If you did work, and the owner isn't paying you, then you can probably have a lien right. The work does not have to be completed for you to get a right to lien. You have a right to lien for the portion of the work that you did complete.
2) However, you must have a lien right!
The other point to keep in mind is that you STILL need to actually have a mechanics lien right. In many states, you are required to deliver certain notices before you start a job to qualify to later file a lien. In Texas, the notice requirements can be very confusing.
It sounds like -- from your question -- that you are a small contractor who contracted directly with the property owner. If that is the case, it is very likely that you are excused from having to send any such notices. You can see that in the Texas Notice & Lien Deadline Chart here, a copy of which I paste below:
In this case, you would be "Prime Contractor," or, the one who contracted directly with the owner. And thus, likely exempt from sending any notices. That is good news for you -- you would have a lien right!
So, how do you file a mechanics lien in Texas?
Now that you see that you likely have a lien right, what steps do you need to take to get your mechanics lien filed and get this thing closer to payment? You have a few options. Here are some tips.
First, consult the Levelset blog post, How to File A Texas Mechanics Lien. This will give you a step-by-step on how you can file your mechanics lien.
Second, decide how you want to go about it. You can: