Hi, my name is Ray Kerlick. I'm a partner with the law firm of Wadler Perches Hundl and Kerlick in Wharton, Texas. Today, I'd like to talk to construction contractors a little bit about mechanic's liens. As many of you may know, the ultimate way to enforce claims for payment that you may have against a particular project is to file a mechanic's lien. It's a daunting and very technical process, but fortunately, Texas has very good and strong provisions to assist construction contractors in this setting. However, deadlines are vitally important. What you need to know is that Texas rules provide very specific guidelines on how quickly you must file a mechanic's lien and specifically the notice of mechanic's lien. This has to do with whether or not your job is a residential job, commercial job, or a government job. In each of those settings, the provisions are slightly different. The notice required and to whom notice must be given depend on whether you're working directly for the owner, directly for a general contractor, or for someone other than the general contractor. In each of those settings, the notice required is slightly different. Again, rather than trying to go through those rules on a quick basis, I just want to let you understand that each of them is slightly different. But the main thing you need to know is that within 45 days of not being paid on a job, you should have your ears up. You should be aware of the situation and the project itself. Is work stalled? Is everyone complaining about not being paid? Is there a serious problem outside of the jobsite that's resulting in a lack or slow payment by the owner? In any of these situations, you should immediately consult an attorney as quickly as possible...
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