Texas Mechanics Lien Laws

Texas Mechanics Lien Laws – Can I File a Lien on a Public Project?


The first step in protecting your unpaid invoices is to determine whether the Property is owned by a Public Entity, a privately held company, or an individual.  The process that you will follow to enforce your claim is different depending upon the answer to this question.  You cannot file a Lien against a Property owned by a Public Entity, like the state, a county, municipality, or a city.  Some examples of government owned Properties include public schools, libraries, highways, parks, and government buildings.  As a substitute to a Mechanics Lien, the State of Texas requires the General Contractor to purchase a Payment Bond from a reputable Surety (insurance company) wherein the prime contract (the contract between the Public Entity and the General Contractor) is over $25,000.00.  If you provided labor/materials to a publicly owned Project and have not been paid, then your first step is to make a claim against the Payment Bond.  See the “Payment Bond Claim Library” to learn how to enforce payment on a Pubic Project.  On all other Projects, those that are owned by private individuals or private business entities, you can file a Lien against the Property to secure payment of the debt.  Some examples of privately owned Properties include private homes, apartment complexes, office buildings, shopping centers, restaurants and leased commercial properties.

Still have questions? Click here to anything.

« Previous Question | Next Question »