Mechanic's liens help contractors and subcontractors get paid
If you are in the construction industry, and you furnish labor, materials, equipment or services to a project where real property is being improved, then you have a right to be paid in a timely manner. The most powerful tool for doing this is by filing a mechanic's lien against the property. Doing so can create a number of complications for the property, the property owner and the construction project lender will be limited in what they can do with the property until you get paid. However, there are several technical and specific requirements an attorney must follow to make sure the lien is filed property.
Filing a mechanic's lien affidavit sets several things in motion
- A mechanic's lien is recorded with land records and appears on the title search of the property in question
- After a lien is placed against a project, contract provisions put one party in breach, creating pressure to resolve the lien claim ASAP
- A mechanic's lien allows you to file suit against many more parties, including the general contractor, the property owner and the land itself
- A mechanic's lien sets a firm payment deadline
- If the property owner or general contractor won't pay, a mechanic's lien allows for the property to be sold at auction to satisfy the debt
- Mechanic's liens are considered secured debt in a bankruptcy and put the claimant at the top of the list for those entitled to be paid
- A mechanic's lien may affect a contractor's bonding ability
You need an experienced attorney to assist you
As a contractor, your livelihood and your cash flow are at stake when you take on a construction project. You have every right to expect prompt payment, but when that does not happen, you need to enlist the services of a powerful ally such as John Hixson to fight for your rightful share of proceeds. Mechanic's liens must be filed in a timely manner, or you give up your rights. In addition, there are several other issues that can take place in a construction dispute that may also require highly technical and specialized legal services.
Through his many years of experience, John Hixson can assist contractors in many ways.
- Preparation and filing of mechanics lien affidavits.
- Demand letters designed to trap funds and project retention.
- Foreclosure of mechanic's liens through litigation.
- Defense of mechanic's lien claims.
- Construction project disputes.
- Representation when the owner or contractor files for bankruptcy.
In addition, Mr. Hixson is also comfortable taking the other side in a contractor's dispute and has defended against many unjustified Mechanic's Lien claims.
The Hixson Law Firm serves clients in Mansfield, Arlington, Grand Prairie and other nearby Texas communities.