As a contractor and a subcontractor, your strongest tool to insure payment is a mechanic’s lien. Mechanic’s liens are available to the following trades: general contractor, subcontractors, architects, landscapers and some other specific trades including those that fabricate specialty materials. In the event that the project is a government project, rather than a lien you will need to file a bond. Whether filing a lien or a bond, the deadlines and specifications of how to file are very specific. In order to preserve your rights, you must take certain actions by particular dates or your lien can be forcibly removed.
The reason a lien is such a powerful tool is that it does not create liability only with the owner of the property, but on the property itself. It creates a secured interest that can result in payment to you first in a bankruptcy scenario. There are two kinds of mechanic’s liens available in the State of Texas, a Statutory Lien which is available to all trades mentioned above and a Constitutional Lien that is available only to those trades contracting directly with the property owner.
In the event that you have invoices that are not timely paid on a project, it is important that you take quick action to protect your interest in the property. A qualified attorney will know whether a lien or bond claim can help you. If you believe that you may need to make a claim, please contact our firm to discuss. The deadlines and specifications are challenging and you want to be sure that you do not lose your rights by failing to assert them properly.