Perfecting a Private Lien or Bond Claim: Construction Lien Law in Texas

04/21/2010

Texas has always had constitutional or statutory provisions permitting unpaid contractors or materialmen to file a lien against the property that their labor or materials have improved. The lien itself is simply a mechanism to ensure contractors and materialmen have a means to secure payment for their work or materials. For private work, there are two liens: one for general contractors under Tex. Const. Ann. art. XVI ยง 37 (Vernon 2009) and a statutory lien for contractors, materialmen, architects, engineers, and surveyors under Tex. Prop. Code Ann. Ch. 53 (Vernon 2009). Once a lien has been place on real property, private bonds can be used to indemnify against the lien and remove the cloud from the title. This paper covers the methods of perfecting a private lien or bond claim.

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