Protecting Payment Rights Through A Mechanics Lien In Plano, Texas
Payment disputes on a construction project can escalate into a legal dispute quickly once deadlines begin to accumulate. If your labor or materials contributed to an improvement of property in Plano and the invoice remains unpaid, Texas mechanics lien law may afford you a means of securing that claim against the property itself.
The attorneys at Johnson Reist PLLC represent contractors and suppliers in Plano when unpaid work jeopardizes their financial interests. Our lawyers can help you evaluate your available options and pursue the compensation you have earned.
Who Can File For The Lien?
A mechanics lien, sometimes called a construction lien, can secure an unpaid claim against property improved by qualifying labor or materials. Under the Texas Property Code, this can include:
- Original contractors who work directly with the owner or the owner’s agent
- Subcontractors who furnish labor or materials for the project
- Laborers who perform qualifying work on the improvement
- Material suppliers who furnish goods used in construction
These claimants do not all follow the same process. The notices, deadlines and filing steps that apply can depend on your role in the project and where you fall in the payment chain.
What Makes Statutory And Constitutional Liens Different?
Texas recognizes both statutory and constitutional mechanics liens, but they protect payment rights in different ways. A statutory lien is available to a broader range of contractors, subcontractors and suppliers, provided you follow the notice, deadline and filing requirements that apply to your role in the project.
A constitutional lien offers a narrower form of protection for certain contractors and suppliers who deal directly with the property owner. It can arise without the same statutory notice and filing process, but its protection against later purchasers or lenders is more limited.
When Must You Act To Preserve Your Lien Rights?
There are specific time frames for completing the steps needed to perfect a lien, and missing one can jeopardize those rights. On a nonresidential project, a subcontractor generally must notify the owner and original contractor by the 15th day of the third month after each period in which the subcontractor furnished unpaid labor or materials.
When Must Owners And Contractors Pay You?
The prompt-payment law sets time limits for moving money through a construction project. After receiving a qualifying written request, an owner generally must pay the contractor within 35 days. Once those funds arrive, the recipient has seven days to send each subcontractor the portion attributable to its work or materials.
Reach Out To A Plano Attorney Today
If payment remains outstanding for work you completed or materials you supplied, Johnson Reist PLLC can review your contract, identify the requirements that apply and help protect your lien rights. Call 469-501-ALLY for a free consultation or contact the office online to discuss your next steps.