Why Texas Contractors Should File a Mechanics Lien Before Suing
By: Anamaria Rivero-Boundas
October 20, 2025
As a contractor, when you finish a job and don’t get paid its more than just frustrating – it’s a personal affront, and a threat to your business. Oftentimes, emotion takes over, and you want to sue right away. But there’s a better option – file a mechanics lien first. This is usually faster, cheaper, and more effective.
Here’s why you need a mechanics lien:
- A Mechanics Lien Offers More Protection — It’s a Lien on Property
A mechanics lien is one of the strongest tools a contractor can use to get paid for their work. Yes, it requires a bit more effort up-front, but the payoff is usually worth it. A mechanics lien is just that – a lien. You are like a bank with a mortgage – if you don’t get paid, you can foreclose on the property.
After recording your Affidavit for Lien, you will need to file a lawsuit to foreclose your lien. If you win this lawsuit, you get to foreclose (meaning you can force a sale of the property to pay yourself). Yes, this can be a lengthy process. But, most property owners don’t want to risk losing their property, so your lien gives you incredible leverage to collect payment.
- Pressures Them to Pay You NOW, Not Later
A lien puts a lot of pressure on an owner to pay you – now, rather than later. One reason is because the owner can’t sell or refinance, or really do anything with their property, until your lien is resolved. Second, litigation is usually expensive and takes a long time. The owner can pay you or pay their attorney. Many times, they choose to pay you. It costs them less in the long run. Using a mechanics lien helps pressure the owner (or other contractors who haven’t paid you) to pay you now.
- More Cost-Effective for an Unpaid Contractor than Litigation
Serving lien documents is more cost-effective than litigation. Put simply, litigation is very expensive. You will spend thousands, if not tens of thousands, in attorneys’ fees. It usually takes a year or longer before you’re paid. Not to mention the stress and hassle that comes along with being involved in litigation.
A mechanics lien and preliminary notice are served before litigation. You do not need to file suit to serve your lien documents. Serving your lien documents shows the non-paying party that you are serious about collecting what is due to you, and oftentimes prompts them to pay you, or to work out a settlement with you. A lien is a powerful tool to get paid without becoming involved in litigation. (Bonus: if you do need to file suit, you should file the lien anyways, so you’ll already have one step taken care of).
- Make Them Pay Your Attorneys’ Fees
Usually, a contractor has no right to recover its attorneys’ fees from the non-paying party (unless your contract allows you to). But, under the Texas Property Code, the court can award a contractor its attorneys’ fees in a suit to foreclose a mechanics’ lien or bond claim. So, if you do end up having to file suit, a mechanics lien or bond claim provides you the extra benefit of helping you to recover your attorneys’ fees.
Final Thoughts
If you’re an unpaid Texas contractor, a mechanics lien isn’t just a legal tool — it’s a powerful business strategy.
It helps you:
✅ Protect your right to payment
✅ Gain leverage without expensive litigation
✅ Keep the door open for future legal action if needed
Before going straight into litigation, give us at Texas Liens PLLC a call to discuss your lien options. As licensed Texas attorneys, we provide full-service mechanics lien preparation at affordable prices. We will prepare, file, and serve all of the required paperwork – all you need to do is sign. If you end up needing to sue, we’ll provide your litigation attorney with digital copies of everything, so they can be up to speed in no time. You worked hard, let us protect your right to get paid.
