Texas Material Supplier Lien and Bond Attorneys
At Adkins Law Firm, our construction lien and bond recovery lawyers are experienced in handling construction lien and bond claims noticing, perfection, and lawsuits. The laws of the State of Texas provide for both constitutional and statutory mechanics liens on private projects, mandatory bonding on public improvement projects, and the option of statutory payment bonds on private projects. As a result of mandatory bonding on public projects, Mechanics' liens are not permitted on public improvements.
The Texas Constitution and state statutes establish the basis for mechanics' liens. Under the Texas Constitution, "[m]echanics, artisans and material men, of every class, shall have a lien upon the buildings and articles made or repaired by them for the value of the labor done thereon, or material furnished therefore, and the Legislature shall provide by law for the speedy and efficient enforcement of said liens." The constitutional lien is created by Article 16, section 37, of the Texas Constitution. Chapter 53 of the Texas Property Code further governs mechanic’s lien rights, as it provides a detailed procedure for assertion and enforcement of a mechanic’s lien claim. In this respect, the Constitution and Property Code yield similar protections, although the two procedures function separately and distinctly. If you provide labor and/or materials, or if you are the recipient of labor or materials, then you should familiarize yourself with the mechanic’s lien assertion and enforcement procedures prescribed by the Texas Constitution and Texas Property Code.
Statutory liens for material or labor on real property are generally established under Chapter 53 of the Texas Property Code, liens on mineral property are governed by Chapter 56 of the Texas Property Code and liens for recovery of commissions on commercial property in Texas are established under Chapter 62 of the Texas Property Code. The protections afforded by statutory mechanics' liens in Texas are available to those who labor, specially fabricate material, or furnish labor or materials for construction, repair, or improvement of a house, building, levee, embankment for reclamation. Architects, engineers, and surveyors are also entitled to statutory liens provided their plan or plat is employed in performing the construction and certain other preconditions are satisfied. Texas lien law, especially the scheme set forth in Chapter 53 of the Texas Property Code, is very complicated, and many contractors lose their lien rights without even knowing. It is strongly advised that contractors seek guidance from an attorney experienced and comfortable with the specific requirements of Chapter 53.
Companies seeking payment for their supplied labor, materials, and/or equipment used in construction improvements to real property and mineral development in the State of Texas have an excellent chance of recovery if proper procedures are followed in the perfection of a statutory lien or bond claim in Texas. However, failure to strictly follow these procedures can lead to harsh results. Notice, recordation, and delivery are required to perfect a statutory lien. Likewise, notice provisions must be strictly followed for the assertion of bond claims; otherwise, they will fail. Texas lien and bond law is very different from other states. Even large companies make common mistakes in filing liens in Texas. This is why it is important to have an attorney in Texas that is experienced in handling these types of cases to guide you or your company through the steps necessary to recover your lien or bond claim.
Our Texas construction lien and bond litigation attorneys handle numerous Texas mechanic's lien and materialman's liens (also known as M&M Liens) as well as mineral lien foreclosures suits in Texas arising out of construction disputes between property owners, general contractors, subcontractors, equipment rental companies, and material suppliers. Our lawyers also handle the collection of bond claims from Surety Companies for Texas Public Works projects and payment of contractor and subcontractor performance bonds on construction projects. Specifically, Pierce M. Adkins has been handling lien and bond claims for over well over a decade for many nationwide construction equipment suppliers and has established a reputation for efficiently and effectively handling both lien and bond cases across the entire State of Texas.
Texas Lien Foreclosure and Bond Enforcement
If you believe that you have perfected your lien but are still not being paid for a job we can handle the foreclosure proceedings to recover your perfected M&M Lien or mineral lien by bringing suit against the real property or mineral property owner. A mechanic’s lien, whether statutory or constitutional, may be foreclosed only upon the judgment of a court of competent jurisdiction foreclosing the lien and ordering the sale of the property subject to the lien. A suit to foreclose upon a mechanic’s lien, whether statutory or constitutional, must be filed within four (4) years of the accrual of the claim. Unfortunately, while reviewing lien claims prior to seeking enforcement through the suit, many subcontractors and materials suppliers learn for the first time that they failed to meet the required timelines for providing notice or filing the claim resulting in considerable business losses that cannot be recovered against an insolvent contractor.
Mechanic's and Materialman's Liens: Chapter 53 Texas Property Code
Real estate construction M&M Liens are governed by Chapter 53 of the Texas Property Code. Lien lawyers at Adkins Law Firm, such as Pierce M. Adkins can guide you through the procedure for the perfection of a lien that is based on labor and/or material provided for the improvement of real property. If you are concerned that you will not be paid or if you are unfamiliar with noticing and filing procedures related to such claims, you should not wait to contact an attorney. Furthermore, you should be aware that Chapter 53 sets forth numerous substantive requirements for the lien affidavit. Failure to strictly comply with these requirements may result in waiver of your lien claim and potential civil liability for damages, statutory penalties, and attorney’s fees. At Adkins Law Firm. We will not only do this for you, but we will show you how to implement the procedures to do this internally.
Liens Against Mineral Property: Chapter 56 Texas Property Code
Although mineral liens are commonly referred to as mechanics & materialman's liens, mineral liens have different filing, notice and perfection procedures than real estate construction M&M liens and can be quite complex. As such, we do not recommend doing this without the assistance of counsel. In addition, a lien created by performing labor, furnishing or hauling material, machinery, or supplies for a leaseholder does not attach to the fee title to the property. Instead, the following property is subject to the lien:
- the material, machinery, and supplies furnished or hauled by the lien claimant;
- the land, leasehold, oil or gas well, water well, oil or gas pipeline and its right-of-way, and lease for oil and gas purposes for which the labor was performed or material, machinery, or supplies were furnished or hauled, and the buildings and appurtenances on this property;
- other material, machinery, and supplies used for mineral activities and owned by the owner of the property listed in (2); and
- other wells and pipelines used in operations related to oil, gas, and minerals and located on the property listed in (2).
Properly filing liens covering work on an oil and gas pipeline spanning several counties, (mainly due to pipeline rights of way), typically requires hiring a Landman and may require significant research concerning the properties. Mineral liens and can easily be defective if not properly perfected. However, if properly perfected a lien on a mineral property in Texas can be a powerful tool for the collection of the money owed to you. If you have been performing labor or furnishing or hauling material, machinery, or supplies for a mineral property owner or leaseholder of a mineral property we ask that you set an appointment with Mr. Adkins directly by contacting his legal assistant at the number above. Due to the technical nature of these liens, they will be taken on a case by case basis.
Lien Notices and Compliance
In Texas, lien notice(s) 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 by statute. Only compliance with the strict technical requirements of the statutes will perfect a lien, giving contractors, subcontractors, and suppliers’ legal rights against the owner of the property, and, most importantly, negotiating leverage.
Proactive Approach to Texas Construction Lien and Bond Litigation
Our Texas lien and bond lawyers work with our clients, both in state and out of state, in the development of internal company procedures to make sure that lien notices are properly sent in a timely fashion and in accordance with Texas law. By making sure our clients properly follow the statutory procedures, we optimize the probability of recovery in the event a lawsuit is necessary.
Over the years, we have noticed that many material suppliers and subcontractors make the common mistake of not collecting relevant information from the beginning. Gathering information on construction projects from the beginning can drastically reduce the last-minute scrambling that often occurs by failing to do so. At the time you execute your contract (or very soon thereafter), you should request in writing from the property owner and all parties above you in the contracting chain the following:
- (a) a legal description of the real property being improved;
- (b) a copy of any contracts executed for the project;
- (c) a copy of the surety bond, if any, including the name and last known address of the surety; and
- (d) whether the real property is encumbered by any prior recorded liens or security interests, and if so, the name and last known address of any persons having such lien or security interest.
Your correspondence should state the Property Code requirement of a response within ten (10) days of receipt of the request, and you may also wish to include a self-addressed, stamped envelope and check for reimbursement of reasonable expenses. It is important to remember that protecting your right to payment begins as soon as you execute your contract. While there is no deadline for requesting this information, every contractor will need this information to perfect his statutory lien claim. Delay may cause you to miss a mandatory deadline and result in forfeiture of your statutory lien rights.
Contact Our Lien Attorneys for a free initial consultation with an attorney regarding your company's materialmen's lien, mineral lien, or lien foreclosure needs or to seek recovery of your bond claims by using the form on the upper right hand side of this page or by calling our office at 713-574-5558 or toll free at 1(855)801-8770 to arrange for a free initial consultation to discuss your potential case.