Who is Entitled to a Mechanic’s Lien in Texas

Who is Entitled to a Mechanic’s Lien

As with most topics in law, it’s complicated. But generally speaking, a statutory mechanic’s lien is available to persons and companies who provide labor and materials for the improvement of real property. This includes new construction, renovation, repairs, landscape and demolition. General contractors, subcontractors and laborers are all entitled to a lien. So are material manufacturers whose products are incorporated into the real property and manufacturers who specially fabricate materials, whether or not these materials are incorporated into the property. Professionals such as engineers, architects, and surveyors are also entitled to a mechanic’s lien.

Chapter 53.021 of the Texas Property Code governs who may be entitled to a statutory mechanic’s lien. This statutory provision expands the scope of the Texas Constitution and caselaw which originally allowed only original contractors (who contracts directly with the owner) to have a right to a mechanic’s lien on real property.

Contact me if you would like to file a mechanic’s lien or have any questions about Texas Lien Law.

© Law Office of Justin Scroggs, PLLC. All rights reserved. This article is provided for educational purposes only and is not legal advice. This firm will represent you only after being retained by written contract.

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