Mechanics Liens Attorney in Dallas
Also Serving Rockwall & the Surrounding Area for 26+ years
If you are a professional in the construction industry, you count on getting paid. What you earn from one job not only helps you build a living, but also afford what it costs to start on the next client’s project. If you have rendered services and materials for a nonpaying client, you can take legal action to pursue collection of the debt you are owed with a mechanic’s lien.
At The Cramer Law Group, we know honest and hard work should be compensated at its agreed rate. That is why a major portion of our practice is dedicated to helping people like you get paid what you deserve. We can help contractors, subcontractors, material suppliers, architects, and other professionals near Rockwall and throughout Texas involved in a construction project and were not properly compensated for their time, labor, or materials by the owner.
Take advantage of a free consultation with our mechanics liens attorney in Dallas at The Cramer Law Group to discover options that may be available to you. Contact us online or call (972) 833-8330 to learn more!
How Does a Mechanic’s Lien Work?
Also referred to as a construction lien, a mechanic’s lien is a tool that construction industry professionals can use to gain leverage against a nonpaying private property owner. As with other types of property liens, a mechanic’s lien places an encumbrance on the property’s title. Because lenders are unlikely to offer financing or refinancing for properties with liens against them, owners may be forced to remove the lien by paying the construction professional before the property can be refinanced or sold.
What Are the Benefits of Filing a Lien?
A lien is just one way that construction professionals can recover their debt, but it can be a powerful means of doing so. Our mechanic’s liens attorney in Dallas can provide the legal guidance you need to make the best possible use of this important tool.
Successfully filing a lien can afford construction professionals certain important rights, such as the following:
- The right to file a lawsuit foreclosing on the lien, which can mean forcing a sale of the property.
- The right to compel property owners to pay for the work more quickly.
- The right to compel property owners to pay subcontractors and suppliers directly if the general contractor does not dispute the debt owed.
A potential pitfall, however, is a lack of clarity about which services or material provided were mutually agreed upon. Sufficient doubt can make it difficult to successfully file a lien against the property. This is why construction professionals near Rockwall and throughout Texas should be sure to create and preserve contracts and other documentation of what was agreed upon. There are various specific notice requirements to perfect a lien in Texas, reach out to our attorney to ensure you are aware of these deadlines.
Texas Prompt Payment Act
In response to persistent late payment issues within the construction industry, the state enacted Texas Government Code, Chapter 2251 which states that subcontractors and suppliers must be paid in a timely manner. In Texas, payment from an owner to a general contractor in a private project is due within 35 days from the date of the invoice, and payment from the general contractor to subcontractors is due 7 days after that. A 1.5% monthly interest fee plus attorney and court fees are penalties for delayed or slow payments.
In public projects, payment from the owner to the general contractor is due within 30 days of the completion of the project, receipt of the goods, or date the invoice was received; the general contractor then has 10 days following that to pay any subcontractors. Penalties for a slow payment include interest fees at the current prime rate, plus 1%, as well as court costs and attorney fees.
In both public and private projects, prompt payment deadlines will not apply if a different payment date is agreed to in the contract. In the case a dispute arises over withholding payment for subpar work, extra steps must be taken and contractors generally must be given the opportunity to remedy the mistakes. In these cases, it is important to work with an attorney to ensure your rights and best interests are being upheld.
Contact Us for Legal Support
Since 1994, The Cramer Law Group has provided the support clients need to successfully file liens against nonpaying clients’ properties. We understand and value hard work, which is one of the many reasons we want to help construction professionals get paid for their work. Rest assured that we will work as closely with you as possible to provide legal advice and services that can help you reach the best possible outcomes.
If you want to speak with a mechanics liens attorney in Dallas about your needs and potential options, take advantage of our free consultation. The Cramer Law Group offers this opportunity to help people like you better understand your need for legal services and hear from a lawyer about the next possible steps.
Schedule your complimentary consultation with us today by submitting an online contact form.