Furnisher of labor or materials to the owner, owner’s agent, contractor, subcontractor, or sub-sub. Includes those supplying labor, plant material or other supplies for landscaping. Temporary employment agency that provides qualified laborers to subcontractor, and pays the workers and provides all benefits to them, is entitled to a mechanic’s lien. Rental equipment and claimants who specially fabricate material are also covered, as are those who provide labor or materials for the demolition of a structure are also covered. Architects, engineers, and surveyors are also entitled to liens if their contract is in writing and their plan or plat is used in the project. Suppliers to suppliers MAY be covered, based on language of statue and some case law, though other cases say they are not. NOTE that for a lien to attach to a homestead, the contract needs to be in writing. [53.001, 53.021, 53.254; Advance’d Temporaries, Inc. v. Reliance Surety Co. 227 S.W.3d 46 (Tex. 2007); Grammar v. Hesperian, 70 S.W.2d 220 (1934); Hillsdale Gravel Co. v. Dennehy Const. Co., 185 S.W.2d 583 (Tex.Civ. App.Eastland,1945); Schor at §44.02[A]]
Those contracting directly with the owner. NOTE, however, that where the original contractor’s contract with the owner is deemed to be a sham contract (e.g., because the original contractor and the owner are essentially identical), then the first tier subcontractor may be deemed to be an original contractor. There are no notice requirements for such a lien, but if no notices are given, it will not be effective against a third party without actual notice. [Schor at §44.02[A]; Trinity Drywall Systems, LLC v. Toka General Contractors, Ltd., 416 S.W.3d 201 (Tex.App. El Paso, 2013); Cavazos v. Munoz, 305 B.R. 661, (S.D.Tex. 2004)] NOTE that apparently a claimant contracting directly with a lessee cannot have a constitutional lien against the real property, unless the lessee is demonstrated to be the owner’s agent. The lien must be limited to the leasehold interest. Further, if the lien includes a claim or a constitutional lien against the real property, instead of just the leasehold interest, the entire lien may be held invalid, as an unperfected lien. [Denco CS Corp. v. Body Bar LLC, 445 S.W.3d 863 (2014)].
CONSTITUTIONAL LIENS ON A RESIDENTIAL HOMESTEAD:
For an original contractor to create a constitutional mechanics’ lien for both new improvements and renovation or repair work performed on a residential homestead, the contract must set forth the terms of the agreement, it must be signed by both the husband and wife before the work commenced, and it must be recorded. In addition, for repairs or renovation to the homestead, the owner may rescind the contract within 3 days after its execution, and the homeowner must execute the contract at the office of the lender, an attorney, or a title company. Note that even if the property is only in the name of one spouse, and no homestead exemption is filed, if the other spouse has not signed the contract, no lien can attach. It is, therefore, the claimant’s duty to find out or explicitly ask if owner is married. [53.254; Cavazos v. Munoz, 305 B.R. 661, (S.D.Tex. 2004); and Texas Constitution, Article XVI, Sec. 50(a)(5); Denmon v. Atlas Leasing, L.L.C., 285 S.W.3d 591 [Tex.App.-Dallas,2009]
TRUSTS FUNDS HELD BY GENERAL OR SUBCONTRACTOR:
Laborers, mechanics, contractors, subcontractors, or materialmen who labor or who furnish labor or materials for the construction or repair of an improvement on specific real property. [162.003]