A common issue that arises in construction-related work is property owners having a lien filed against them for failing to properly compensate workers – contractors, subcontractors, architects, painters, plumbers, etc. – for the services they’ve performed and projects they’ve completed. While finding the proper legal avenue to take to ensure that they’re paid what they’re owed, many of these workers are unsure of how to proceed with the process. Fortunately, our attorneys in McAllen are well-versed and experienced in the practice of mechanic’s and materialman’s rights.
For mechanics and materialmen who’ve not been paid for their work, legal help should be considered. Contact us today to learn more!
Liens
First and foremost, it’s important to know what a lien is. These are a sort of sworn statement by the worker stating that an owner for a certain project owes him/her payment for their work. These documents are filed with the clerk of the county where the property is located and are open to the public.
Liens can pose an issue for owners since they hamper their ability to resell the property. Since these records are public, it creates a stronger incentive for a property owner to settle a lien, otherwise a potential buyer may feel that handling an agreement with him/her while a lien exists on the title is bad business.
Once a lien has been filed, it creates security interest in the property for the amount of money that’s owed to the worker. Please keep in mind that the lien is not a document that works against the owner, but the owner’s property. Also, if more than one lien has been filed on a property, the law will determine the order that each will need to be paid.
Getting Paid
If you’re a mechanic or materialman, you may be wondering when you’ll be paid for your work following a project’s completion. A simple request usually works, but this might not be the case all of the time. This is when a lien comes in. If you’ve performed labor and haven’t been compensated for it, then you can file a lien against the property owner where the work occurred.
The lien should also have a deadline for payment. Understand that a lien doesn’t force a property owner to pay you, it simply makes it more difficult for the owner to do anything with the property, such as selling it. If no action is taken by the owner, you can file a lawsuit to foreclose on the property.
Having Us Help You
If you’re a mechanic or materialman who hasn’t been paid for any sort of labor that took place on another party’s property, then contact us. We’ll make sure that your interests are front and center during your case. Contact us today to get started!