Mechanics’ liens are powerful tools for contractors, subcontractors, and suppliers to secure payment—but they can also create serious challenges for property owners, developers, and lenders. Whether you need to file a lien, defend one, or remove an invalid lien from your property, Elkhoury Law provides strategic, efficient legal counsel grounded in Texas construction law.

I represent clients across the construction industry in Houston and throughout Texas, helping them navigate lien notices, deadlines, enforcement actions, and lien-related disputes.

Construction Attorney in Houston, TX

In Texas, like several other states, mechanic’s lien laws are notoriously technical. From notice requirements to filing deadlines, even experienced contractors can make critical errors that invalidate their liens—or expose them to liability.

I help clients comply with Texas lien statutes and defend their rights when disputes arise. My office is based in Houston, and I can assist:

• Property owners and developers

• General contractors

• Subcontractors and suppliers

• Design professionals and engineers

• Construction lenders, sureties, and other stakeholders

Whether you’re seeking to enforce a lien for unpaid work or challenge a lien filed against your property, I can help you move quickly and decisively.

What is a Mechanic’s Lien?

A mechanic’s lien is a legal claim filed by a contractor, subcontractor, supplier, or laborer, claiming that they have not been paid for work and/or materials provided on a construction project. In Texas, a valid mechanic’s lien attaches to the property itself, potentially preventing or slowing down the sale, refinancing, or further development of the project until the debt is resolved or the lien is removed.

Mechanic’s liens in Texas are governed by Chapter 53 of the Texas Property Code. Texas law imposes strict requirements on lien claims, since they allow rights to recovery against property owners in situations where claimants do not even have a contract with the property owner. While liens are powerful tools for securing payment, improperly filed liens can be challenged, removed, or even expose the filer to legal liability.

Common Mechanic’s Lien Issues I Handle

Mechanic’s lien claims can arise in many forms and contexts, including:

For Contractors, Subcontractors, Vendors, and Design Professionals:

• Preparing and sending pre-lien notices (monthly and fund-trapping notices)

• Filing lien affidavits within statutory deadlines

• Preserving lien rights under Chapter 53 of the Texas Property Code

• Enforcing lien claims in court

• Negotiating payment or lien settlement agreements

• Pursuing downstream indemnity claims for liens

• Navigating and negotiating contractual lien waivers and payment waivers

• For contractors directly engaged with the owner, pursuing constitutional liens under the Texas Constitution

• Pursuing secured creditor rights in bankruptcy court if the owner files for bankruptcy

For Owners, Developers, and Lenders:

• Creating lien response strategies for projects

• Negotiating lien protections and indemnities in construction contracts

• Responding to lien notices and affidavits

• Identifying invalid or untimely liens, and filing lien removal actions

• Defending against lien foreclosure lawsuits

• Minimizing project and financing disruptions

• Seeking attorney’s fees and damages for fraudulent liens under Chapter 12 of the Texas Civil Practices and Remedies Code

• Negotiating lien settlements outside of court, including through mediation

• Project recovery, bankruptcy court filings, and related negotiations if a contractor files for bankruptcy

Lien disputes often go hand-in-hand with broader issues like non-payment, defective work, or construction delays. I routinely handle these disputes as part of my construction litigation and contract enforcement practice.

Handling Mechanic’s Lien Disputes

I take a business-first, deadline focused approach to lien matters. I understand how important it is to:

• Protect your right to payment if you’re a contractor;

• Avoid title clouds or project shutdowns if you’re an owner; and

• To act fast, whether you are an owner or a contractor.

I also understand local customs and practices. Texas and Houston-area contractors and developers face unique pressures, especially with the complexity of large projects, large retainage amounts, and fast-paced builds.

Do you appreciate deep construction experience, responsiveness, and clarity? I don’t just handle the legal paperwork—I explain what’s happening, what’s at stake, and how it resolve it efficiently.