File A Lien
If you want the best shot at getting paid—file a Lien! Standing alone, a Lien is the most effective means to payment. When you file a Lien, you “encumber” the Property. When you encumber the Property, you create a problem for the Property Owner. When you file a Lien, it now becomes very difficult for the Property Owner to obtain permanent financing, to refinance, or to sell the Property. Most likely these are things that the Property Owner wants to do—your Lien will make that very difficult. Additionally, if you are a Subcontractor, Material Supplier, or Laborer, your Lien will also attach to your materials and the money owed by the Property Owner to the General Contractor. You can see why a Lien is so powerful! A Lien becomes an even more powerful tool when it is served on the Property Owner, the General Contractor, and anyone else who will be affected by the Lien filing as an enclosure to a strong Payment Demand Letter. Remember, this may be your last opportunity to demand payment before filing a Lawsuit.
Our Construction Lawyers will prepare your Lien Affidavit, file it with the County Clerk’s Office, and serve it as an enclosure to a strong Payment Demand Letter that can include the following allegations depending upon your specific circumstances: (1) an explanation as to how the non-paying contractor has breached your contract by failing to pay; (2) a brief description and notice of any potential statutory violations as a result of the failure to pay, such as Property Code Chapter 28 (the “Prompt Payment Act”) which imposes an annual 18% interest penalty on unpaid construction debts, Property Code Chapter 162 (the “Trust Fund Statute”) which imposes both civil and criminal penalties for diverting construction funds from a Project, and Civil Practice and Remedies Code Section 38.001 (statutory right to recover attorneys’ fees and costs); (3) a demand for immediate payment of the principal amount owed, interest, and attorneys’ fees; (4) a representation that a Lawsuit will be filed to foreclose on the Lien; and (5) if a Lawsuit is filed, that not only will we seek recovery of the principal amount owed, but also interest on that amount, all incurred attorneys’ fees, statutory penalties, and cost of court. Of course, we will also demand payment of the fees and costs incurred to have us prepare and serve the Lien Documents.
When you use a Construction Lawyer, the other side knows you are serious. All of our Documents are prepared by licensed Texas Construction Lawyers. All of our Documents are specifically tailored to your particular situation. We have a comprehensive understanding of construction and how to enforce the laws enacted by this state to protect you. That is what we do! And we do it in every county throughout the entire state of Texas every day. If you have provided labor, materials, equipment, or professional services to a construction Project in Texas and have not been paid, we can help regardless of where your office is located.
To initiate the process or to just inquire more about filing a lien in Texas, please call us or fill out and submit the Request Form below. You will receive a response from one of our construction attorneys within the hour.