Constitutional Liens Versus Statutory Liens in Texas: Two Lien Rights and Why Both Exist
Texas is one of the only states where a mechanic's lien right is written into the state constitution. Article XVI, § 37 of the Texas Constitution provides that "mechanics, artisans, and material men, of every class, shall have a lien upon the buildings and articles made or repaired by them for the value of their labor done thereon, or material furnished therefor." It then instructs the legislature to provide for the enforcement of those liens, which the legislature did through Chapter 53 of the Texas Property Code.
Read MoreConstruction Contracts: What Every Contractor and Subcontractor Should Negotiate Before Starting Work
A construction contract allocates risk. Every provision in it determines who bears the cost when something goes wrong, who gets paid and when, who's responsible for delays, who carries insurance, and who indemnifies whom. Contractors and subcontractors who sign contracts without negotiating these provisions accept the drafter's allocation of risk, and in most cases the drafter is the owner or the general contractor, which means the risk flows downhill.
Read MoreConstruction Trust Fund Claims Under Texas Property Code Chapter 162
Texas construction trust funds belong to the people whose labor and materials generated the payment, and control of those funds can create personal civil liability and criminal exposure.
Read MorePay-When-Paid and Pay-If-Paid Clauses in Texas Construction Contracts
Owner nonpayment can mean payment timing or a full transfer of risk. Texas courts and Chapter 56 treat those clauses differently.
Read MorePayment Bond Claims on Texas Public Projects
A payment bond is the payment remedy on a Texas public construction project because a mechanic's lien doesn't attach to public property. Chapter 2253 protects covered claimants only when the notices, sworn statement, mailing proof, and suit deadline line up with the statute.
Read MoreTexas Construction Defect Claims Under the RCLA
A construction defect claim starts with the building, but it rarely ends there. A cracked slab, a leaking window system, or a failed balcony detail quickly becomes a calendar problem.
Read MoreTexas Construction Retainage Release Rules
Retainage turns the last piece of the job into payment pressure. Texas law separates private reserved funds, contractual retainage, public project caps, and release deadlines.
Read MoreTexas Mechanic's and Materialman's Liens for Private Construction Payment Disputes
When an owner or contractor stops paying on a Texas private construction project, you need the lien calendar before you need the lawsuit. Chapter 53 provides lien rights for covered claimants only when the claimant follows the statute's notice, filing, and delivery rules.
Read MoreTexas Prompt Payment Act: Deadlines, Penalties, and Interest When an Owner or Contractor Pays Late
Texas has two prompt payment statutes for construction, and project ownership determines which one governs. Texas Property Code Chapter 28 governs private projects. Texas Government Code Chapter 2251 governs public projects, including projects owned by state agencies, counties, cities, school districts, and other governmental entities.
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