Liens & Non-Payment

In Texas, lien law is often referred to as a legal minefield. The strict requirements of the property code make it necessary that the attorneys in this area be very familiar with the statute. Our office understands this statute and its complexities. We know what to send, who to send it to, and when it should be sent, to protect our client’s interest. We work closely with our clients to make sure that these liens are filed timely and contain the correct information.

We are also very familiar with the process of contesting invalid liens. Often contractors file liens on project without complying with the complicated lien statute. Noncompliance often renders the lien invalid and through a short process, we can remove the lien without costing our clients a great deal of money. However, sometimes these disputes wind up in litigation. If this happens, we are prepared to litigate the dispute.

Listen to one of our attorneys discuss a common but complicated lien scenario.

Liens follow non-payment and the lien protects the interest of the lienholder for the work performed. However, what many do not consider are the secondary consequences of nonpayment. We understand these consequences and are familiar with the Prompt Payment Act, the Texas Construction Trust Fund Act, and other statutes concerning the disbursement of construction funds.
Let us assist you with the following:

  • Filing mechanic’s and material man’s liens
  • Lien Removal
  • Prompt Payment Act Violations
  • Consequential Damages Due to Delayed or Non-Payment
  • Liquidated Damages Due To Delays Or Non-Payment
  • Construction Trust Fund Violations
  • Fraud

 

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If you have any questions, or for any additional information please feel free to get in touch with us.

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