Mechanic's Liens - The Top Ten Mistakes Claimants Make

This article will focus on the filing of Mechanic’s Liens on non-homestead, private property. The Texas Mechanic’s Lien laws are more complex than those of many states. Notices must be given within specific time limits in order to properly perfect a valid lien. Furthermore, an Affidavit of Lien that meets the statutory requirements must be filed with the county clerk of the county where the work was performed within the express time limitations set out. Only compliance with the technical requirements of the statute will perfect a Mechanic’s Lien, giving contractors, subcontractors, and suppliers legal rights against the owner of the property, and, most importantly, negotiating leverage.

Even though Texas courts have consistently held that Chapter 53 of the Texas Property Code is to be “liberally construed for purposes of protecting laborers and materialmen,” see RepublicBank Dallas, N.A. v. Interkal, Inc., 691 S.W.2d 605, 607 (Tex. 1985), lien Claimants are strongly urged to strictly comply with the statutory requirements. The so-called liberal construction policy has historically been applied to the wording and content of notices and affidavits - but not to the statutory deadlines.

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