What Are Construction Liens on Commercial Projects in Texas

  • A lien is a legal document allowing unpaid contractors to get what they’re owed

  • Nearly anyone who furnishes labor, materials, or services on a commercial project could qualify – TexasEasyLien.com quickly tells you if you qualify

Filing a construction lien used to be complicated and expensive. TexasEasyLien.com changed that by providing a new way for contractors to prepare a lien themselves online at a fraction of the time and cost. Lawyers can also use TexasEasyLien.com’s automated process on behalf of clients.

Commercial construction lien

What is a commercial construction lien and how does it relate to commercial liens?

No pay, slow pay, unpaid – these phrases are familiar to veterans in the construction business. That’s when a contractor or subcontractor doesn’t get paid for their work. Texas construction law allows workers to make a public legal claim for unpaid work by filing a lien.

Commonly referred to as a mechanic’s lien, the technical term is Mechanic’s, Contractor’s, or Materialmen’s Lien, also known as Lien Affidavit, Constitutional Lien, or Construction Lien Waiver.

  • Filing a lien allows a payee to pursue legal channels to get paid.

  • Payors often respond quickly when a lien is filed against them.

  • Those who qualify include people who provided labor, services or materials for a commercial project in Texas.

Understanding Commercial Liens

Commercial liens are powerful tools that can be used to address various issues, including disputes with government officials and institutions. These liens are not to be taken lightly; they require careful consideration and preparation. When used correctly, commercial liens can challenge tax liens, property liens, and other forms of government overreach. It’s essential to understand that commercial liens are a serious legal strategy, not a tool for casual use. Properly executed, they can provide significant leverage in resolving disputes and ensuring that rightful claims are addressed.

Who Can File a Commercial Lien in Texas

In Texas, the right to file a commercial lien extends to anyone who has provided goods or services to a property owner. This includes contractors, suppliers, and other service providers who have furnished labor, materials, services, fixtures, or tools for a commercial project. To enforce a lien, the claimant must file the lien with the appropriate county clerk’s office and send a copy of the filed lien via certified mail to both the property owner and the lender. This process ensures that all parties are formally notified of the claim, providing a legal pathway to secure payment for the work performed.

Do I have to file a claim for each month I am not paid to protect my lien rights?

Yes. You cannot wait until the end of the project and file one claim. You must satisfy various statutory requirements for each month in which you were not paid. Unsure if you qualify for lien? Visit TexasEasyLien.com and follow the simple, guided instructions – we’ll tell you if you qualify. The entire process can be completed in about 15 minutes. Everyone across the Lone Star State can benefit from this service including in Austin, Central Texas, Travis County, Williamson County, Hays County, Houston, Harris County, Fort Bend County, Brazoria County, Galveston County, Dallas, Collin County, Dallas County, Tarrant County, San Antonio, Bexar County, Laredo, Beaumont, and everywhere else in Texas. Construction professionals who may pursue a lien include general contractors, contractors, subcontractors, sub-subcontractors and suppliers, including architects, engineers, painters, flooring installers, masons, carpenters, plumbers, electricians, surveyors, and even commercial real estate brokers.

Lien Process and Removal in Texas

The Lien Process and Removal in Texas

Filing a commercial lien in Texas involves submitting a commercial affidavit to the county clerk’s office. This affidavit must detail the amount owed, describe the property, and include the name and address of the property owner. Once the lien is filed, it must be served on the property owner via certified mail. If the property owner does not respond or settle the debt, the lien can be enforced through court action.

To remove a lien, the property owner must pay the owed amount and obtain a lien release from the lienholder. This lien release must then be filed with the county clerk’s office to officially remove the lien from the property records. It is crucial to avoid defective legal forms when filing a commercial lien, as any errors can render the lien invalid or unenforceable. An unrebutted affidavit stands as the truth in commerce, meaning that if the property owner fails to respond, they risk losing their lien rights.

In Texas, a mechanic’s lien can be filed by contractors or suppliers who have provided labor or materials to a commercial property. This lien must be filed within a specific timeframe, typically 30 days after the last day of work. If enforced through court action, the property owner may be required to pay the owed amount plus interest and attorney’s fees. Understanding the whole truth about commercial liens is essential, as they carry serious consequences. Property owners must take these liens seriously to avoid additional financial burdens and legal complications.

Texas Easy Lien

About TexasEasyLien.com

Fast. Simple. Affordable. TexasEasyLien.com helps contractors and subcontractors get paid what they’re owed. The service prepares liens and bonds online quickly and inexpensively – no lawyers needed. Commonly referred to as a lien, the technical term is Mechanic’s, Contractor’s, or Materialmen’s Lien, also known as Affidavit of Lien, Constitutional Lien, and Construction Lien Waiver. TEL was established in 2008 and is based in Austin, serving all of Texas.

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