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 discretion over whether to award a lien claimant his or her attorney fees.  This led to unfair results.  Even lien claimants who prevailed did not always receive their attorney fees and/or costs.
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