Texas Mechanic’s Lien and Payment Bond Claims Attorneys

North Texas attorneys enforce the rights of unpaid contractors and suppliers

You have a right to be paid for your work. If you have not received the agreed-upon price, you may be able to secure payment through a mechanic’s lien or a payment bond, on a private or public project. At Hayes, Berry, White & Vanzant, LLP, our Texas mechanic’s lien and payment bond claims lawyers will advocate for your interests and counsel you throughout the filing process. We can meet with you in our office in Denton, Flower Mound or Gainesville, whichever location is most convenient for you to visit.

What is a mechanic’s lien?

A mechanic’s lien allows contractors, subcontractors and suppliers to obtain a legal interest in a property if they have not been paid. By doing so, they restrict the owner’s ability to transfer the property, use it as security for a loan or refinance. Our mechanic’s lien lawyers can answer your questions about filing a mechanic’s lien based on the particular facts of your case and your connection to the subject property. If you are accused of defaulting on a construction project as the reason for not being paid, we will investigate the facts and assess each side’s legal position. 

Requirements for filing a lien

To file a mechanic’s lien for payment on a private non-residential project, you must have provided labor or material on a construction project as a contractor, supplier or subcontractor. If you are a subcontractor, the requirements to file include:

• Notifying the property owner and general contractor that you intend to file a lien affidavit
• Filing a lien affidavit that describes the property, project and amount of money you’re owed
• Serving the property owner and general contractor with a notice that you filed a lien affidavit

It is crucial to include the information required under Chapter 53 of the Texas Property Code in the notice and affidavit. We can help ensure that you meet the requirements and handle the notices and filing. 

Deadlines for a mechanic’s lien claim notice and affidavit in Texas

The deadlines for sending notice and filing a lien affidavit can be found in Chapter 53 of the Texas Property code. Your deadline depends on, among other things, your position on the project. For example, your status as a general contractor or a subcontractor makes a significant difference, as follows:

• For non-residential projects, a claimant other than an original contractor must give notice of unpaid labor or materials to the owner and original contractor no later than the 15th day of the third month after each month labor or materials were provided. For residential projects, a claimant other than an original contractor must give notice of unpaid labor or materials to the owner and original contractor no later than the 15th day of the second month after each month labor or materials were provided.
• If the notice does not include a demand for retainage, an additional notice of unpaid retainage must be provided to the owner and original contractor no later than the earlier of 30 days after the subcontract is completed, terminated or abandoned or the 30th day after the date the original contract is terminated or abandoned.
• For non-residential projects, a general contractor must file its lien affidavit no later than the 15th day of the fourth month following its completion of the work, termination or abandonment of the project. For residential projects, a general contractor must file its lien affidavit no later than the 15th day of the third month following its completion of the work, termination or abandonment of the project.
• For non-residential projects, a claimant other than a general contractor must file its lien affidavit no later than the 15th day of the fourth month following the month it last provided labor or materials. For residential projects, a claimant other than a general contractor must file its lien affidavit no later than the 15th day of the third month following the month it last provided materials. On claims for retainage, a claimant other than a general contractor must file its affidavit no later than the 15th day of the third month after the month the original contract was completed, terminated or abandoned.
• Notice of the filed lien affidavit must be sent to the owner no later than five business days after the lien was filed.
• The forms of the notices and affidavits are identified in the Property Code and should be carefully followed.

If you are unsure of the form of your notice or affidavit or what deadlines apply to your lien claim, do not hesitate to reach out to our firm for assistance. 

Bond payment claims for public projects

Subcontractors and suppliers on bonded projects have a similar process as the mechanic’s lien notice procedures in the Property Code. At the start of construction projects, original contractors on public or government projects and private projects that require a payment bond are responsible for securing a bond that is held by a surety company. If you are unpaid, you can file a claim against the surety or bonding company.

Steps to take if you have not been paid

When you have not been paid for your labor or supplies, a good first step is to speak with an attorney. Our construction attorneys can guide you throughout the entire process of seeking payment. If you are still not paid after filing a mechanic’s lien or bond claim, we will advise you concerning the enforcement process, which generally involves filing a lawsuit for foreclosure on the lien or against the surety company holding the bond. 

Contact a mechanic’s lien and payment bond attorney in Texas

At Hayes, Berry, White & Vanzant, LLP, we advocate vigorously for Texas contractors, subcontractors and suppliers to receive payment by assisting with the filing of mechanic’s liens and construction bond claims. Call 940-230-2386 or contact us online to speak with a lawyer in our Denton, Flower Mound or Gainesville office.