How to Make Effective use of a Mechanic’s Lien

Cesar MontalvoConstruction Law

A mechanic’s lien is great tool. The constitution supports the lien for material men. You can always use it to leverage your position to get paid. Construction disputes are largely about money issues. As long as you do your work and comply with either a statutory lien or constitutional lien, you always have the opportunity to leverage the owners’ property against getting paid. If they choose not to pay, then you can move forward and ask the court for judgment. Consequently, you can foreclose on the property. In Texas, liens are governed by the Texas Constitution and Chapter 53 of the Property Code. It’s very possible to be owed $50,000 and sell a $3 million property for that $50,000. Therefore, the lien is very powerful, but you have to send your notices, which are strictly construed against the person that’s filing.

What Are My Options If A Zoning Or Land Use Issue Gets In The Way?

If there is a zoning or land use issue getting in the way, you can always apply for a special varience or exception, depending on the lot and scheme of the community. A zoning or land use issue is something you would typically handle with the municipality. These requests can be made with an attorney’s assistance.

What Are Some Common Texas OSHA Violations That Companies Need To Be Careful To Avoid?

The following is a list of the top 10 most frequently cited standards following inspections of worksites by federal OSHA. OSHA publishes this list to alert employers about these commonly cited standards so they can take steps to find and fix recognized hazards addressed in these and other standards before OSHA shows up. Far too many preventable injuries and illnesses occur in the workplace.

  1. Fall protection, construction (29 CFR 1926.501) [related OSHA Safety and Health Topics page]
  2. Hazard communication standard, general industry (29 CFR 1910.1200) [related OSHA Safety and Health Topics page]
  3. Scaffolding, general requirements, construction (29 CFR 1926.451) [related OSHA Safety and Health Topics page]
  4. Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147) [related OSHA Safety and Health Topics page]
  5. Respiratory protection, general industry (29 CFR 1910.134) [related OSHA Safety and Health Topics page]
  6. Ladders, construction (29 CFR 1926.1053) [related OSHA Safety and Health Topics page]
  7. Powered industrial trucks, general industry (29 CFR 1910.178) [related OSHA Safety and Health Topics page]
  8. Fall Protection–Training Requirements (29 CFR 1926.503) [related OSHA Safety and Health Topics page]
  9. Machinery and Machine Guarding, general requirements (29 CFR 1910.212) [related OSHA Safety and Health Topics page]
  10. Eye and Face Protection (29 CFR 1926.102) [related OSHA Safety and Health Topics page

What Should I Be Looking For In A Good Construction Attorney?

A good construction attorney should have extensive knowledge about the field and viable suggestions on how to resolve your case. Preparedness and willingness to think outside of the box are exemplary skills. The laws may be finite, but the facts are always unique. As such, we need to work with the facts we have to try to get our clients to where they want or need to go. Creativity is also an ability that is important as a construction lawyer.

For more information on Construction Law and the Effective Use of a Mechanic’s Lien In Texas, an initial consultation with our Construction Law Attorney is your next best step. Get the information and legal answers you are seeking by calling (210) 296-5605 today.