Legal Question in Construction Law in Texas

Re: Mechanic lien

It depends on a number of factors. Is the work Residential or is it commercial. Were the statutory disclosures and formalities adhered to? Was there a notice and request for holdback/retainage sent to the owner and the General COntractor? Is it a subcontractor or a general contractor wanting to file a lien affidavit? When was the work substantially complete? If a lien is placed and the proper formalities were not adhered to, the person placing the lien is liable to the owner for the cloud on his/her title and the value of the work performed is of no consequence. If the owner, for example, cannot complete a sale of the home because of a lien being filed without following the statute, the person who filed the lien could owe the owner the lost profit from the sale! If you would like to discuss, email me at "[email protected]".

Re: Mechanic lien

It depends on a number of factors. Is the work Residential or is it commercial. Were the statutory disclosures and formalities adhered to? Was there a notice and request for holdback/retainage sent to the owner and the General COntractor? Is it a subcontractor or a general contractor wanting to file a lien affidavit? When was the work substantially complete? If a lien is placed and the proper formalities were not adhered to, the person placing the lien is liable to the owner for the cloud on his/her title and the value of the work performed is of no consequence. If the owner, for example, cannot complete a sale of the home because of a lien being filed without following the statute, the person who filed the lien could owe the owner the lost profit from the sale! If you would like to discuss, email me at "[email protected]".