Texas Mechanics Lien Laws

Can I File a Lien Even if I Do Not Have A Written Contract?

It depends upon who hired you and whether the Property is a residential homestead Property.

Contractors, Subcontractors, Laborers, Equipment Suppliers, and Material Suppliers who provide labor or materials to a commercial or non-homestead residential Property are not required to have a written contract as a prerequisite to filing a Mechanics Lien. 

Architects, Engineers, and Surveyors must have provided their work under or by virtue of a written contract with the Owner or the Owner’s Agent to have a right to file a Mechanics Lien.

Landscapers must have a written contract with the Property Owner, Property Owner’s Authorized Agent, General Contractor, or a Subcontractor to have a right to file a Lien.

Homestead Properties:  In order to have a right to file a Lien against a residential homestead Property, the work needs to have been performed under or by virtue of a written contract (signed by both the husband and wife, if applicable).  For more details see section entitled “Are there Special Requirements for Filing a Lien Against a Residential Homestead Property?

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