A constitutional lien (or “Constitutional Lien Affidavit”) is a legal claim placed on a person’s or entity’s property. This type of lien is derived from the Texas constitution and laws of a particular jurisdiction, and it is not subject to the notice statutes of the Texas Property Code. It can be used by original contractors to secure payment of a debt or obligation. Government agencies or authorities typically enforce constitutional liens.
Do You Have to Send a Notice Before Filing a Constitutional Lien?
In Texas, construction participants such as contractors, subcontractors, and suppliers may or may not be required to send a written pre-lien notice to the property owner, prime contractor, and/or original contractor before filing a mechanics’ lien for unpaid services or materials. This notice is commonly referred to as a “Preliminary Notice,” Pre-lien Notice,” or “Notice of Intent to File a Lien.”
With a constitutional lien in Texas, the original contractor or supplier under direct contract with the project owner does not have to send written pre-lien notices for an unpaid claim. Because the original contractor has a direct agreement with the property owner, this notice is irrelevant since the owner is the one failing to pay the contractor. Original contractors have the right to bypass a pre-lien notice requirement and directly file a constitutional lien, the same way a mechanic’s lien is filed.
On the other hand, the Texas Property Code requires subcontractors and sub-subcontractors to send a pre-lien notice before or when filing a mechanic’s lien. This notice informs the property owner that the general contractor or another subcontractor has not paid them and requests the property owner to hold funds from the general contractor and pay them directly.
Failure to send this notice within the required time limit can impact the subcontractor’s ability to file a valid mechanics’ lien in Texas. It’s important for contractors in Texas to comply with the state’s specific pre-lien notice requirements to protect their lien rights and pursue payment for their services and materials. Consulting with a legal professional familiar with Texas lien laws can provide guidance on compliance with these requirements.
The lien affidavits Texas Easy Lien sells to original contractors are drafted as both a mechanic’s lien and a constitutional lien, embedded in a single document. We also sell pre-lien notices to subcontractors and sub-subcontractors—all in one place for easy online management of notices and lien filing. See pricing for both convenient services and get started today to get paid faster.