Common Ways to Invalidate a Mechanic’s Lien

The Texas Constitution grants special protections and rights for mechanics. They have the right to claim an interest based on their labor in any building or articles made or repaired by them. They can also make a claim for the materials they provide.

Mechanics, in this context, are contractors, subcontractors, suppliers, and workers. In short, anyone who worked on a construction or repair project may be able to file a mechanic’s lien.

The purpose of these laws is to protect mechanics from unpaid bills. When a client fails to pay for services or materials provided, a mechanic’s livelihood is threatened.

In some cases, however, a mechanic’s lien may be incorrectly filed against a property owner. Such liens can make it difficult to sell a property.

Invalid Liens

To properly file a mechanic’s lien, individuals must follow certain rules. If they don’t, the individual may lose their lien rights. In these situations, a property owner can have the lien invalidated.

Some of the common problems with liens:

• Not filed on time. Texas has specific requirements for filing a mechanic’s lien, and missing these deadlines may bar an individual from filing.
• Vague numbers. A mechanic lien must be for the actual contested amount, not any amount or an estimate. Liens that are greater than what is owed may be invalidated.
• Failing to file a preliminary notice. Texas requires that all individuals send a primary notice to the property owner before filing the lien. 
• Incorrect or missing paperwork. Problems with the paperwork may also result in fines or penalties. Filing has strict deadlines, and mistakes may invalidate the lien.

These are four of the more common problems with a mechanic’s lien, but any problems with the lien’s requirements and deadlines may call into question a lien’s validity.

An attorney can provide advice and counsel that’s specific to your situation with the lien.

Hire a Skilled Property Lawyer Who Knows Texas

If you have a mechanic’s lien against your property, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners claim what’s theirs. Call us at 713-547-5460 or contact us online to schedule your consultation.