Dallas Mechanics Lien Lawyers

A mechanic's lien is a claim against improved real property that can secure payment for qualifying labor, materials, and certain professional services. Article XVI, Section 37 of the Texas Constitution recognizes lien rights for mechanics, artisans, and materialmen; Chapter 53 of the Texas Property Code establishes the statutory framework for entitlement, notice, recording, and enforcement.

Under §53.021, a person who provides qualifying labor or materials under a contract with the owner or a person in the contracting chain may be entitled to a lien — including original contractors, subcontractors, suppliers, and laborers when statutory conditions are met.

The statute distinguishes an original contractor, whose contract is with the owner, from a derivative claimant, whose contract is further down the chain. A derivative claimant ordinarily must send notice of unpaid work to the owner and original contractor under §53.056 — by the 15th day of the third month after each month of unpaid nonresidential work, or the second month for residential work. Retainage claims follow §53.057.

Residential and commercial projects run on different clocks. Under §53.052, the affidavit is generally due by the 15th day of the fourth month for nonresidential construction and the third month for residential construction. Residential projects also carry additional notice and disclosure requirements. Under §53.003(e), a deadline falling on a weekend or legal holiday extends to the next business day.

The affidavit itself must satisfy §53.054: a sworn claim amount, owner and contractor information, a description of the work, a legally sufficient property description, and — for derivative claimants — the months of work and notice dates.