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Texas Construction Law Blog For Subcontractors & Suppliers

Category Archives: Liens

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Collecting Attorney Fees for Lien and Bond Claims

Posted in Bonds, Liens

Previously, Texas law provided that a court “may” award costs and reasonable attorney fees in a suit to foreclose a lien, enforce a payment bond claim or declare a lien to be invalid to the extent that such costs and reasonable attorney fees were “equitable and just”.  The use of the word “may” allowed courts… Continue Reading

The New Lien Waiver Form Prevents Subs and Suppliers from being Strong Armed

Posted in Liens

Historically, subcontractors and suppliers were compelled to sign onerous and overreaching lien waivers and releases in order to receive payment.  In addition, many subcontracts contain lien waivers lurking in the boiler plate.  Consequently, subcontractors often do not realize they have agreed to these clauses until it is too late. Texas law was recently changed to… Continue Reading

Why Delivery Tickets Matter

Posted in Bonds, Liens

Paperwork can win or lose a lawsuit.  This is especially so in construction litigation.  To be entitled to a lien, bond, or any other claim for payment for materials delivered to a construction project, you are not required to show the materials you furnished were installed on the project.  However, you must show the materials… Continue Reading

Mineral Liens: An Underused Tool

Posted in Liens

If you provide services or supplies in the oil field, you  should have at least a basic understanding of Texas mineral liens because filing a mineral lien may help your bottom line someday.  Who can file a mineral lien? A mineral contractor or subcontractor may file a lien to secure payment for labor or services related to the mineral activities.  These… Continue Reading

What you need to know about Texas Constitutional Liens

Posted in Liens

In some circumstances one who is normally a subcontractor (e.g., electrician or plumber) may have a direct contract with the owner of the property.  If you have a direct contractual relationship with the owner, you will be considered to be an “original contractor” and you may have a constitutional lien.  The constitutional lien attaches to… Continue Reading

Mechanic’s Liens: Finding your way through the Maze

Posted in Liens

If you are a subcontractor or supplier and you ignore your lien rights, you are losing money. A mechanic lien is a subcontractor’s and supplier’s best friend because it allows you to secure your debt by filing a lien against any private real property that you’ve furnished labor and/or materials to improve. The reason many… Continue Reading

Rights and Remedies to Help Subcontractors and Suppliers Collect Payment

Posted in Bonds, Collection, Liens

Nonpayment is the biggest threat to most subcontractors’ and suppliers’ bottom lines.  Nonpayment frequently occurs in the construction and oil and gas industries because most goods and services are sold on credit.  C.O.D. sales are uncommon and payment upfront is almost unheard of.  Because of this practice, nonpayment is one of the most common legal… Continue Reading