Texas Contractors’ Mechanics Lien Rights on Abandoned Jobs
Can I file a mechanics lien in Texas if the jobsite has been abandoned?
Yes, most contractors in Texas can still file a mechanics lien if the job site has been abandoned, but it’s important to act fast to protect your rights.
If you’re an original contractor, you must file within 15 days of the 4th month that you abandoned the project. This is shortened to 3 months for residential jobs.
If you’re a subcontractor, you must file within 15 days of the 4th month of your last date of work, regardless of when the original contractor abandoned the project. This gets limited to 3 months for residential projects.
But, if you’re a subcontractor seeking to recover unpaid retainage, things get trickier. You must file within 15 days of the 3rd month that your original contractor abandoned the project (even if you don’t know exactly when that was).
If you’re a subcontractor of specially fabricated materials, you have similar deadlines. You must file your lien for non-residential projects within 15 days of the 4th month after you last delivered, or would normally have been required to deliver the last of, your specially fabricated materials. This gets shortened to 3 months for residential projects.
With all of these deadlines, it’s easy to get confused. Instead of hassling with it, give us a call. At Texas Liens PLLC, your lien is professionally prepared by an attorney. We even file and serve your lien for you — all you have to do is sign. Everything is done virtually, and you never have to travel to our office.
Click here to book your free consult now; an attorney will call you at the time you choose. Or, just give us a call or text now at (832)302-5249.
