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Mechanic's Lien Toolkit (TX)
Practical Law Toolkit w-005-1054 (Approx. 9 pages)
A collection of resources to assist claimants in understanding and effectively creating, perfecting, and enforcing statutory mechanic's liens to secure payment for improvements to privately owned real property in Texas. This Toolkit contains many guidance documents and standard forms for use at all stages of the mechanic's lien process.
Contractors, subcontractors, suppliers, and materialmen (claimants) have many options available to secure payment for improvements to privately owned real property. In Texas, the most common option is a statutory mechanic's lien.
Chapter 53 of the Texas Property Code (Ch. 53) is a comprehensive statute that sets out mechanic's, contractor's, subcontractor's, or materialmen's lien rights in Texas (Tex. Prop. Code Ann. §§ 53.001 to 53.287). The creation, perfection, and enforcement of mechanic's liens in Texas is a highly technical multistep process. Failure to strictly follow the statutory requirements of Ch. 53 can result in a loss of lien rights.
The resources included in this Toolkit help counsel for claimants and property owners:
- Understand the processes and procedures for creating, perfecting, enforcing, and discharging mechanic's liens.
- Understand the deadlines for each step of the mechanic's lien process.
- Draft, record, and serve effective lien documents.
- Understand available defenses to mechanic's liens.
These resources also identify the different requirements for filing mechanic's liens against residential and commercial (referred to under Ch. 53 as non-residential) real property in Texas.