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Do we have lien rights for a replacement part that isn't new construction in Texas?

We get this quite often as material suppliers. We have customers that purchase materials from us for a replacement job that isn't new construction. They are getting the material simply to replace an existing part(s). Do we have lien rights? Do we need to worry about getting a job information sheet? If the order is thousands of dollars, we worry about not being able to protect ourselves and to help get us paid. In instances like this one, the customer will say that they will simply buy elsewhere and we could potentially lose their business.

3 replies

Oct 1, 2019

The quick answer is yes you do, but it might depend on what the replacement part is for. In Texas, a contractor or supplier is entitled to a lien if it furnishes labor or materials for construction or repair of improvements to real property in Texas. So long as the replacement part was for a fixture in an improvement to real property, then you have the right to file a lien. An example would be a replacement part for an HVAC System. The person who provided that part would be entitled to file a lien.

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Oct 1, 2019

Yes, you may have lien rights depending upon whether the property is a residential homestead or a commercial property. For homestead properties, no one has lien rights unless the direct contractor has a written contract with the property owner and if a married couple, both husband and wife have signed the contract. Yes, you should always obtain a job information sheet so you know where the material is being delivered in the event you need to file a lien. Robert Lovein, Board Certfied Texas construction attorney with Lovein Ribman. Feel free to call me directly to discuss at 817 442-5106.

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Dec 18, 2019

First, to be sure - Texas mechanics lien rights will be available to those who provide labor, materials, or equipment which is used to permanently improve real property (i.e. real estate). Liens for work, materials, etc. on automobiles are a bit different. Admittedly, the terminology can be confusing on that front. But, for those who supply materials used in the construction of real property, mechanics liens rights will generally be available, regardless of whether they're hired by the property owner or by someone else (such as a contractor or subcontractor). Though, there can be some confusing notice requirements that may come into play in order to preserve the right to file a mechanics lien - and notice requirements will change depending on who hired the lien claimant. For more information on filing a Texas mechanics lien or the required notices, these resources should be helpful: - Texas Mechanics Lien Guide and FAQs - How to File Your Texas Mechanics Lien – A Step by Step Guide to Get You Paid - Texas Preliminary Notice Guide and FAQs

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