Big Changes to Texas HUB Certification: What Contractors Need to Know
FTF
February 12, 2026
When you complete a project, and the client doesn’t pay, it puts your entire business at risk. You have bills to pay, a crew to support, and materials to purchase for the next job. In these situations, a contractor’s lien can be your most powerful tool for getting the money you’ve earned. It’s a legal claim against a property that can secure your payment.
A lien is a very strong remedy because it gives you an interest in the owner’s property, even though they didn’t voluntarily grant it. This provides incredible leverage.
However, with this great leverage comes great responsibility. The process for filing a lien is complex and must be followed perfectly. One small mistake can not only get your lien thrown out but could also leave you paying thousands in damages and legal fees.
A correctly filed lien gives you a security interest in the property itself. This can prevent the owner from selling or refinancing until your debt is paid. The pressure this creates often leads to a quick resolution, getting the check in your hand where it belongs.
But what happens when a lien is filed incorrectly? The consequences can be catastrophic for your business.
If a lien is deemed invalid or fraudulent, you could be on the hook for any financial losses the property owner incurs. Imagine the owner had a buyer lined up, but the sale fell through because of your invalid lien. You could be sued for the profits they lost on that sale, in addition to their legal costs.
The legal system does not take kindly to improperly filed liens because they tie up a person’s property rights. This is why the rules are so strict.
Let me share a story that highlights the danger of getting it wrong. I once had a client who was owed money for work they had completed. They were frustrated and wanted to file a lien immediately.
When I asked about the timeline, the client was not entirely truthful about when the work was actually performed. We proceeded based on the information provided.
Once the lien was filed, the property owner hired an attorney who immediately began to dig into the details of the project. The attorney uncovered evidence that the work was completed much earlier than my client had claimed. This meant the strict deadline for filing the lien had been missed.
The court not only invalidated the lien, leaving my client with no leverage to collect their original payment, but it got much worse. Because the lien was based on false information, my client was ordered to pay the property owner’s attorney’s fees, which amounted to a staggering $100,000.
Instead of collecting the money they were owed, they ended up with a massive debt that could have crippled their business. This expensive lesson shows that absolute precision and honesty are non-negotiable when filing a lien.
Don’t wait until you’ve exhausted all options to seek legal help. The earlier you involve a construction attorney, the more options you’ll have to protect your payment rights. Watch for these red flags:
If you’re experiencing any of these warning signs, contact a construction attorney immediately. Lien rights are time-sensitive, and waiting too long can mean losing your ability to file altogether.
In an attempt to save money, many contractors turn to cheap online lien-filing platforms. These services promise a quick and easy solution, but they often create more problems than they solve.
Here are the key areas where these platforms fail:
The rules for filing a valid lien are different in every single state. Deadlines, notice requirements, and the specific information needed can vary dramatically from one jurisdiction to another. Online platforms that offer a one-size-fits-all solution cannot and do not account for these critical local differences. Using a generic form that isn’t compliant with your state’s laws is a fast track to an invalid lien.
Filing a lien isn’t just about filling out a form. It requires detailed legal research. A construction attorney will perform a thorough title search to confirm the legal owner of the property. People often assume the person who hired them is the owner, but the property could be owned by a trust, an LLC, or multiple partners. Filing a lien against the wrong entity makes it worthless.
Most states require that you send pre-lien notices to specific parties, such as the property owner, the general contractor, and sometimes even the lender. An attorney will verify the correct legal names and addresses for all required parties to ensure notices are properly delivered. Online services typically skip this step, placing the burden of research on you. If you send a notice to the wrong address or the wrong person, your lien rights can be forfeited.
This is one of the most common concerns we hear from contractors, and it’s completely understandable. You’re already dealing with an unpaid invoice; how can you justify spending more money on legal fees?
Here’s the reality: The cost of hiring a construction attorney to properly file your lien is typically a small fraction of what you’re owed. While the exact cost of hiring an attorney varies by state and depends on the complexity of your case, attorneys can charge between $500 to $2,500 for lien filing services. Compare that to the risk of a $100,000 judgment against you for an improperly filed lien, or simply losing your right to collect the $20,000, $50,000, or $100,000+ you’re owed.
Many contractors worry their unpaid balance isn’t large enough to warrant hiring an attorney. The truth is that even smaller debts deserve protection.
If you’re owed $5,000 and it costs $1,500 to properly secure a lien, you’re still protecting $3,500 that you earned. More importantly, you’re avoiding the risk of being sued for damages if you file incorrectly. Even on smaller projects, an invalid lien can result in legal liability that far exceeds the original debt.
The real question isn’t whether you can afford an attorney; it’s whether you can afford not to have one. Your business depends on collecting the money you’ve earned. Professional legal assistance is an investment in protecting that income and avoiding devastating financial liability.
Before you move forward with a contractor’s lien, ask yourself these critical questions:
If you answered “no” or “I’m not sure” to any of these questions, it’s time to consult with a construction attorney before proceeding.
Hiring a construction attorney to file your lien is an investment in protecting your business and securing your payment. While it may seem like an added expense upfront, it can save you from devastating financial losses down the road.
A specialized construction law firm, like The Cromeens Law Firm, understands the intricate rules and procedures for filing liens in your state. We know what is required because we handle these cases every day.
Our process includes:
By having an expert handle the process, you can be confident that your lien is valid and enforceable. This maximizes your leverage and significantly increases the likelihood of getting paid what you are owed, without the risk of paying the other side’s damages and attorney fees. Don’t gamble with your accounts receivable. Let a professional secure your hard-earned money.
If you’re dealing with an unpaid invoice, time is not on your side. Lien deadlines are strict, and waiting can mean losing your rights entirely.
Take the next steps today:
Your hard work deserves to be paid. Don’t let complex lien laws or fear of legal costs stop you from protecting what’s rightfully yours. Reach out today and let us help you get the money you’re owed.
The deadline for filing a contractor’s lien varies significantly by state, typically ranging from 30 to 120 days after the last day of work or delivery of materials. Some states calculate the deadline from substantial completion, while others use the final day any work was performed on the entire project. Missing this deadline by even one day means you lose your lien rights entirely, which is why it’s critical to consult with a construction attorney as soon as payment issues arise.
Once a valid lien is filed and recorded, it creates a cloud on the property title that prevents the owner from selling or refinancing until the debt is resolved. This typically motivates the property owner to either pay you directly or negotiate a settlement. If payment still isn’t made, you may need to file a lawsuit to enforce the lien, which must usually be done within a specific timeframe (often 1-2 years, depending on your state). An attorney can guide you through enforcement options and help you decide the best strategy for your situation.
Yes, subcontractors generally have lien rights, but the requirements and deadlines are often different and more complex than those for general contractors. Most states require subcontractors to send preliminary notices to the property owner within a specific timeframe after starting work, even if you have no direct contract with them. Failing to send these notices can forfeit your lien rights entirely. The rules vary widely by state, so subcontractors need to work with an attorney who understands the specific requirements.
Filing a lien is a serious legal action that will likely strain or end your business relationship with that client. However, if you’re already not getting paid, the relationship is already damaged. A lien is often the only effective tool to compel payment when other methods have failed. Many contractors find that the mere threat of a lien (or filing a preliminary notice) is enough to get payment without actually having to record the lien, preserving some level of professional rapport.
A preliminary notice (also called a pre-lien notice or notice to owner) is a document sent at the beginning of a project that informs the property owner you’re working on their property and preserves your right to file a lien later if you’re not paid. It’s not a lien itself—it’s a warning that you could file one. Many states require these notices within a specific timeframe (often 20-45 days after starting work), and failing to send them means you cannot file a valid lien later, even if you’re never paid. A lien, on the other hand, is the actual legal claim filed against the property after you’re not paid, and it creates an encumbrance on the title.
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.
