Legal Question in Construction Law in Texas

Is it really too late to file a mechanics/materialmans lien?

I am a small business owner, contracted by a general contractor to provide signage (fabricated and installed) at a (new) construction site for a retail business. The general contractor almost finished the job and disappeared.

I have spent my effort trying to locate and pursue the general contractor to no avail. The owner knows I have not been paid (along with numerous other sub-contractors.)

My dilemma is the time (4 months, 15 days) has past.

Is there ANY way I can still file a lien? I have documented my efforts and asked the owner (in writing) to satisfy the debt owed to me.

Please, what can I do? Thank you in advance.


Asked on 12/10/04, 11:57 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Is it really too late to file a mechanics/materialmans lien?

It's too late! The lien statutes require that notice of non-payment be given to the property owner and the general contractor by certified mail by the 15th day of the second month after the work was done or materials provided. The lien affidavit itself must be filed by the 15th day of the third month with one copy to the owner and one to the general contractor by certified mail.

Bust one of those dates, or notices, or not use certified mail, and you've lost your lien rights.

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Answered on 12/10/04, 1:34 pm


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