Construction Lien Attorney: Helping Texas Building Contractors Get Paid
At the end of a project, the last thing you need is a payment dispute. You have workers to pay and materials to buy for the next project. It’s a frustrating situation, but you do have powerful leverage. Under the law, you can file a lien against a property owner who refuses to pay for work performed.
The Hudgens Law Firm PC represents general contractors, subcontractors and design professionals in construction lien (mechanic’s lien) litigation. Based in Houston, attorney Fredreck Hudgens handles cases statewide in Texas. Put his 20 years of experience to work for you.
Experienced Pursuit Of Mechanic’s Liens
A construction lien, commonly known as a mechanic’s lien, is a claim against the underlying property where the work was performed. If the property owner refuses to pay the contractor, or if the general contractor refuses to pay the subcontractor(s), the party seeking payment can foreclose on the property as collateral. It’s a drastic remedy but it is effective.
Mechanic’s liens can be complex, especially where multiple parties are jockeying for payment. There are specific procedures relating to giving notice of the claim and date of attachment. The lien must be recorded (perfected) with the county clerk. Enforcing a lien requires some skill and finesse; the primary goal is to extract full payment. Actual foreclosure is the last resort, but the defendant must be convinced you will follow through. Fredreck Hudgens is an accomplished trial lawyer and negotiator who has successfully resolved many construction liens on behalf of Texas builders.
A new wrinkle in mechanic’s liens is the “betterment” defense under 2021 changes to the Texas Property Code. The subcontractor or designer sometimes seek additional payment on the basis of improvements above the original scope. The owner or general contractor may protest that the subcontractor deviated from the plans or improved the property without consent. Essentially, it’s a shakedown tactic to avoid paying extra expenses the builder or design professional incurred – or to avoid paying the builder altogether. Conversely, betterments can be construed as “padding” the original contract to extract a higher payment.
Experience Matters In Construction Litigation
The case law on betterments and other aspects of construction law is evolving. You need an attorney who knows the law and the industry. Having represented both builders and property owners, Mr. Hudgens is highly qualified to protect your interests. To arrange a consultation, call our Houston law office at (832) 698-5211 or use the online contact form.