RFI Blog

RFI Blog

Legal Insights and Best Practices for
Texas Construction Professionals & Government Contractors

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Sham Contracts and the Constitutional Mechanic’s Lien

Posted in Mechanic's Liens, Owners, Payment, Subcontractors

Compared to prime (general) contractors, it is much more difficult for subcontractors to perfect lien and bond claims on private projects.  Subcontractors must give timely notice of non-payment to the owner.  If the subcontractor claimant does not have an agreement with the prime contractor, notice must also be given to the prime contractor.  Failure to… Continue Reading

Hell Hath No Fury Like a County Clerk Scorned

Posted in Best Practices, General Contractors, Mechanic's Liens, Payment, Subcontractors

  After struggling to cobble together your mechanic’s lien affidavit, you’ve driven 150 miles to reach the county clerk’s office before close of business. Today is the filing deadline.  No worries, you made it!! But now you stand toe-to-toe and face-to-face with a clerk that refuses to record your claim.  WHAT NOW??? More often than… Continue Reading

Reverse and Render – Texas 5th Court of Appeals Holds Trial Courts Lack Discretion to Deny Mechanic’s Lien Foreclosure

Posted in Mechanic's Liens, Recent Developments

  Perfecting a statutory mechanic’s and materialman’s lien under current Texas law is difficult.  The statutes are less than clear and chocked full of traps and deadlines that trip up many contractors and material suppliers.  Fortunately, lien perfection typically results in payment or pre-trial settlement once foreclosure is threatened.  However, when payment is not forthcoming,… Continue Reading

Getting Paid: Subcontractor Mechanic’s and Materialman’s Lien Notice Requirements

Posted in Mechanic's Liens

Compliance with pre-lien notice requirements for private, non-residential construction projects. On regular basis I find myself face-to-face with a subcontractor that hasn’t received payment for several months and is now afraid payment will never occur.  Most contractors know that they may enjoy some lien or bond rights.  Often clients just don’t know the steps needed… Continue Reading