Engineers, Architects and Surveyors – Oh My!: Texas Provides Lien Opportunities
On January 8, 2009
By Scott Wolfe Jr
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When you take a moment and look over the vast spectrum of lien resources on the web, you will find that almost everything is geared towards the contractor, with a bit of focus towards suppliers and material manufacturers. But do you ever see anything lending a hand to the design professionals of this world?
At Zlien.Com, the focus is on providing persons and companies with the opportunity and resources to protect their business and get paid for their work. We certainly do not discriminate against those design professionals whose hard work lends to the construction industry.
Recently, Architectural Record reported that architectural layoffs are abounding, and that the current economical conditions make for prime economic strain for those in the design profession. With news of poor economic resources and limited budgets for developers, it is important, now more than ever, for design professionals to seek guidance in preserving their claims and protecting their pay.
The Texas Collection Law Blog recently released an article discussing the rules for filing liens in Texas as a architect, engineer or a surveyor. The blog’s writer, Marc Lippincott, a principal at the collection firm of Cary & Lippincott, PLLC, out of Austin, Texas, states that:
“In 1995, the Texas Legislature added provisions to the Texas Property Code that made it much easier for engineers, architects, and surveyors to secure a lien for their work. The amendments eliminated the difficult and problematic requirement that the design professional’s contract be filed prior to the commencement of work. Now, the design professional only needs to have a written contract and properly record (file) the lien.”
Reducing headaches for design professionals makes it more simple and attractive for those parties to learn the ropes of the lien laws. Zlien.Com has excellent legal resources for your benefit. Check them out today.
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About the Author: Scott Wolfe Jr
Scott is the founder of Zlien, a nationwide mechanics lien and preliminary notice filing service. Zlien publishes the Construction Lien Blog, and has done so since 2007. Scott has been a leading contributor and author on the blog since it's initial publication. Scott is also the founder of Wolfe Law Group, a construction law firm that practices along the West Coast and in Louisiana. He lives in New Orleans, LA, where he was born and raised.
I’m concerned about a project that I’m about to undertake in Texas. I’m with a California Construction company, but planning to start work on a site in Texas. I’ve been burned before in California, by not filing a 20-day notice to the owner prior to starting the work I could not file a lien on my job and was subject to the prime’s cash flow when I got paid. What is the requirement in Texas? A 20 day notice to the owner sufficient? Your help is greatly appreciated.
Dan
Hi Dan – thanks for stopping by the site. I would encourage you to obtain legal counsel to get the answer to your question. Express Lien is simply a document preparation organization, and therefore, we cannot provide you with any legal advice.
Some information about Texas lien laws can be found on our blog, as well as at Nolo.com or Avvo.com.
Good luck.
Regarding an architect’s lien rights, can you comment on the (supposed)requirement that the Owner-Architect contract be filed with the clerk of the county in which the project is located? It is also my understanding that a document must also be notorized before it can be filed with the clerk…..is this correct?
Mike Leinback, AIA
Hi there – Thanks for visiting. In Texas, I don’t know of any requirement that the Owner-Architect contract be filed with the clerk insofar as the lien laws are concerned. However, I don’t practice law in Texas. If you’ve heard of this requirement, I would consult with a Texas attorney who has experience in construction law matters concerning the same.