Thursday, July 5, 2012

Who can claim a Texas mechanic's and materialmen's lien?

Many different types of laborers and material suppliers are entitled to liens in Texas for labor and materials provided.   The Texas Property Code and Texas Constitution describe who may be entitled to liens. 

To be entitled to a lien, the claimant must have a contract with the Owner of the real property.  The contract can be made with an agent of the Owner such as a trustee, receiver, general contractor, or subcontractor. 

The contract must be in writing if:

         1.         the labor and materials were provided to a residential homestead project
         2.         an architect, engineer, or surveyor prepares a plan or plat

The following is a list of persons entitled to statutory liens under the Texas Property Code:

General Laborers & Material Suppliers

… who labor, specially fabricate materials, and furnish labor or materials for construction or repair of:

  1. a house, building, or improvement
  2. a levee or embankment to be erected for the reclamation of overflow land along a river or creek
  3. a railroad

Architects, Engineers & Surveyors

… who prepare a plan or plat in connection with

  1. the actual or proposed design, construction, or repair of improvements on real property
  2. the location of the boundaries of real property

*** Must have contract in writing.

Landscapers & Others

… who provide labor, plant material, or other supplies for the installation of landscaping for a house, building, or improvement.  This includes construction of a retention pond, retaining wall, berm irritation system, fountain, or other similar installation

DemolitionPersons who labor or furnish labor or materials for the demolition of a structure on real property.

“Mechanics, Artisans and Material Men, of every class”

The Texas Constitution states that “mechanics, artisans and material men, of every class” shall have lien rights.  Constitutional liens are discussed in detail later in this article.

By Sarah F. Berry, Attorney 

If you are interested in attending a Texas lien and bond claim workshop please contact Sarah Berry for more information. or (512) 472-2300.

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