From road building to the construction of a downtown high-rise, equipment rental is an integral part of the building industry.
Your equipment rental company may provide tools and machines ranging from forklifts, skid steers, and loaders to portable generators and chainsaws. Whatever a contractor needs—odds are, you’ve got it.
But sometimes, things happen, and you don’t get paid.
Rental companies may wonder if they can file a mechanic’s lien on a property where workers used their equipment on the job. And if you’re a contractor, you may wonder if you can include the cost of renting equipment on a mechanic’s lien.
Yes! The good news is that the Texas State Statute Chapter 53 Mechanic’s, Contractor’s, or Materialman’s Lien clearly states that an equipment rental company can file a lien on an unpaid invoice.
Sec. 53.021. PERSONS ENTITLED TO LIEN. A person has a lien if the person, under a contract with the owner or the owner’s agent, trustee, receiver, contractor, or subcontractor:
(1) labors or furnishes labor or materials for construction or repair of an improvement;
(B) rent at a reasonable rate and actual running repairs at a reasonable cost for construction equipment used or reasonably required and delivered for use in the direct performance of the work at the site of the construction or repair; or
(C) power, water, fuel, and lubricants consumed or ordered and delivered for consumption in the direct performance of the work.
How does a mechanic’s lien help you get paid?
A lien is a document that gets publicly filed in the Texas county clerk’s office in the county where the construction project is located.
The lien, once filed, becomes a cloud on the property title and can serve as an incentive to get the lien removed in exchange of payment. When the equipment supplier is paid, they file a Release of Lien. The mechanic’s lien laws have specific filing deadlines and can be complicated.
Contractors and suppliers often miss the date to file or assume filing a lien is too expensive or time-consuming and don’t use this powerful tool that can help them get paid.
However, now you don’t have to spend money hiring an attorney or hours reading the fine print and wasting time at the County Clerk’s office.
Texas Easy Lien offers comprehensive lien services for companies that rent heavy equipment for big jobs and smaller suppliers, too. If you provide equipment to contractors in Texas, you can save time and hassles by visiting our site.
Save time and trouble filing a mechanic’s lien online.
The process is easy and efficient. You can complete the lien filing paperwork, notarize, and file the documents online without leaving your shop. We provide clear and complete filing instructions if you prefer to print and file the documents yourself.
Do you need to prepare and file a pre-lien notice, lien affidavit, or bond claim? Then, visit our easy-to-navigate site, answer a few questions, and you can be on your way to getting paid the money you’re owed for the vital construction equipment you provide.
