In Texas, legal protections exist to safeguard and enforce the rights of tradesmen working on construction projects involving real property. These rights are asserted through a lien, a legal claim against the property to ensure payment for the work performed. Mechanic’s liens are protected by Article XVI, Section 37 of the Texas Constitution: “Mechanics, artisans, and material men, of every class, shall have a lien upon the buildings and articles made or repaired by them for the value of their labor done thereon, or material furnished therefor; and the Legislature shall provide by law for the speedy and efficient enforcement of said liens.” These rights are also codified into statutory law under Chapter 53 of the Texas Property Code.
Key Differences Between Constitutional and Statutory Mechanic’s Liens
While mechanic’s liens exist at both constitutional and statutory levels, important differences exist between the two:
- Constitutional Liens:
- Self-executing, requiring no action from the tradesmen to enforce their rights.
- Only available to original contractors with a direct contract with the property owner.
- Statutory Liens:
- Require significant filing action and strict compliance with Chapter 53 procedures.
- Available to all relevant parties, including subcontractors and suppliers.
Filing Requirements and Procedures
Although constitutional liens do not require filing to enforce, filing an affidavit is necessary to notify potential buyers of the claim. This ensures the lien applies to them and any subsequent buyers. Therefore, timely compliance with Chapter 53 procedures is recommended.
Expanded Scope of Work for Mechanic’s Liens
Recent statutory revisions, effective January 1, 2022, expanded the scope of work covered by mechanic’s liens. Liens can now be claimed by those providing labor or materials for construction or repairs, including specially fabricated materials, architectural or engineering design services, surveying, landscaping, dirt work, or demolition. This includes any design, drawing, plan, plat, survey, or specification provided by a licensed architect, engineer, or surveyor. This list is not exhaustive and generally protects those providing labor or materials relevant to the construction or repair of real property in Texas.
Perfecting a Mechanic’s Lien
Enforcement of statutory liens requires perfecting the lien through strict adherence to Chapter 53 procedures. This involves filing appropriate notices to the correct parties by specified deadlines. The specifics depend on the relationship between the party and the owner, the nature of the work, and the project type. Because the process is complex, consulting an attorney is advisable to ensure compliance and enforce lien rights if necessary.
For more detailed information or assistance with mechanic’s liens in Texas, contact a qualified attorney to guide you through the process.
