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Filing Constitutional Lien Lawyer

Filing Constitutional Liens for General Contractors

The Texas Constitution provides for mechanic’s and material men’s liens. The Texas constitutions provides that, “mechanics, artisans and materialmen, of every class, shall have a lien upon the buildings and articles made or repaired by them for the value of their labor done thereon, or material furnished therefor; and the Legislature shall provide by law for the speedy and efficient enforcement of said liens.” There are strict requirements for a person or company that would like to place a constitutional lien on real property. A constitutional lien is available only to those persons in privity with the owner of the property on which work is performed or for which materials are furnished. Too often contractors will place a constitutional lien on a property when they are only under a written contract with one spouse, ignoring the other spouse. Keep in mind that this lien protects prime or original contractors but not subcontractors.

This type of lien is self-executing and a contractor does not need to following the particular statutory requirements for mechanic’s lien in order to enforce such a lien against the owner. An original contractor who follows the applicable provisions of the Texas Property will generally have both a constitutional and a statutory lien, but this is not always the case. A contractor might have a statutory lien because of the construction of a certain type of improvement, but the constitutional lien might not apply because the constitutional lien is limited to buildings.

Learn more from a board certified attorney that can assist you through the lien process. Our legal counsel can help you on residential and commercial real estate matters throughout Houston, TX. Contact us through an online form or by calling 713-572-4900.

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