NAWIC Dallas November Meeting

Texas Mechanic’s Lien Law After the 87th Texas Legislative Session

This year, the 87thTexas Legislature passed legislation that included the first substantive changes to the Texas Mechanic’s Lien statute since 2003. The changes, which are effective for original contracts entered into on or after January 1, 2022, created a new class of mechanic’s lien claimants, overhauled the notice and lien filing requirements for subcontractors to perfect their mechanic’s lien claims, among other things. This presentation will highlight the following changes:

· New lien rights for licensed architects, engineers and surveyors

· Subcontractor monthly notice requirements

· Mandatory form of notice required for subcontractors

· New deadlines for filing mechanic’s lien affidavits

· New deadline to foreclose mechanic’s liens on commercial projects

· Elimination of general contractor’s obligation to provide the owner written objection of a subcontractor’s claim

· Changes to statutory conditional and unconditional lien waivers