The First Steps to a Valid Lien

Are you ensuring you're getting paid for what you are owed in your construction projects? It is so important to understand what you are responsible for when filing a lien. Remember, one single error in the lien filing process could cost you thousands of dollars and invalidate your lien.

Are you ensuring you’re getting paid for what you are owed in your construction projects? Subcontractors, suppliers, property owners, and other vendors will encounter all kinds of lien-related questions, deadlines, and paperwork when working on Texas construction jobs. It is so important you understand what you are responsible for when filing a lien. Remember, one single error in the lien filing process could cost you thousands of dollars and invalidate your lien.

At The Cromeens Law Firm, it is our mission to protect you and your business. We believe in the proactive approach in protecting your assets and will always be your partner in business. Before you start the lien process, there are two things you must understand before you can take the actions required to have a valid lien.

Step 1: Understanding your place in the construction food chain

Step 2: Knowing the type of project you are working on. It is crucial you understand this before you begin work on a project.

The Construction Food Chain

Construction Food Chain Chart

As you can see in the chart above, if you work directly for the Owner, you are in place one. Place two is anyone hired by the General Contractor. Anyone who supplies labor and/or material to a Subcontractor is in place three. For lien purposes, if you are below the third tier, you will still be treated equally to someone in place three.

What place do you normally fall under? The general rule is the lower you are on the Construction food chain, the sooner you will have to take action to protect your lien rights.

What type of project are you working on?

Before you can move forward with having a valid lien, the second thing you need to understand is what type of project you are working on. Following is a list of all the project types you will find in Texas.

  • Homestead: A residential property that is owned by the same people that are living in it on a full-time basis. Note: an individual or married couple can only have one homestead at a time.
  • Residential: A single-family house, duplex, triplex, or quadruplex owned by one or more individuals that plan on staying there for a period of time.
  • Texas Public Works: A project that is contracted for or owned by a Texas governmental entity.
  • Commercial: All projects that are not residential, homestead, or public works.
  • Federal project: A project that is contracted for or owned by a Federal governmental entity.

It is important to understand that if the project you are working on is either public works or federal, you don’t have lien rights. Despite this, you can file a bond claim which gives you the same type of guarantee that a lien does. If you are unsure of your rights and how to start the process, contact our friendly lien department to start the beginning stages in protecting your hard-earned money. You can expect a seamless experience in collecting what you are owed.

Understanding the Lien Process Gives You Power!

Understanding the lien process is essential. A lien is a powerful tool to secure your right to payment. You do not have to fear Owners or Contractors, who are higher up on the construction food chain, that owe you money any longer. Once you know the steps required to have a valid lien you can still accept their promises, but also have the effective tool of filing a lien in your back pocket.

We are going to let you in on a trade secret! Owners and/or Contractors that owe you money know what your lien rights are. Oftentimes, when they give you promises of payment, they are deliberately trying to push you outside of your lien timelines. Some may have no intention of paying you but are only promising payment so you won’t take the actions required to guarantee your money. We are not saying everyone is this way, but we want to make you aware of the possibility and ensure you are taking all necessary steps in protecting your money.

No more surprise legal fees

There are no unexpected legal fees when it comes to pricing at The Cromeens Law Firm. We understand the importance of a monthly bill you can depend on!

Transparent Pricing

There are no surprises when it comes to our pricing at The Cromeens Law Firm. We understand the importance of a monthly bill you can depend on! No more unexpected legal fees. No more surprises. For $1,000 a month, our Silver plan gives you our entire Lien Department at your disposal.

Lien Subscription graphic

Safeguard against costly legal fees

We have a 90% success rate of collections before having to foreclose on a lien, saving you costly legal fees. Contact The Cromeens Law Firm today to get paid for what is rightfully yours.

Flat Rate Lien Package

If you need to file just one lien, our flat-rate offering is a great, budget-friendly option. And remember, we offer additional options to best accommodate you and your unique situation.

All-Inclusive Single Lien Package Flat Rate: $1,070

  • This $1,070 package is for a single lien and includes extensive research, collection phone calls to all parties, intent letters sent via certified mail, lien filing with the county clerks’ offices, and reviewing the releases for the project.

Contact your friendly Cromeens Law Firm legal department to discuss all your options.

Conclusion

Act now! We have a 90% success rate of collections before having to foreclose on a lien, saving you costly legal fees. Contact The Cromeens Law Firm today to get paid for what is rightfully yours. We will:

  • Walk you through the time-sensitive process of filing a mechanic’s lien
  • Do extensive research to confirm all aspects of your lien are correct
  • Make collection phone calls to all parties on your behalf
  • Ensure your lien notices follow all the required deadlines
  • Guarantee all your notices are sent via the proper delivery method to prove its enforceability.

The Texas lien process can be tricky, and the steps must be followed meticulously, or the lien will be invalid. Not only do you only have one chance to file a lien, but you can also be fined for filing an improper lien. It is so important to get your lien filed correctly! Call your friendly Lien Department today: 713.715.7334.

Karalynn Cromeens is the Owner and Managing Partner of The Cromeens Law Firm, PLLC, with over 17 years of experience in construction, real estate, and business law. A published author and passionate advocate for contractors, she has dedicated her career to protecting the businesses her clients have built. Karalynn is on a mission to educate subcontractors on their legal rights, which inspired her books Quit Getting Screwed and Quit Getting Stiffed, as well as her podcast and The Subcontractor Institute.

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