General

Is a constitutional lien available to subcontractors?

No. The Texas constitution only allows a general contractor and those who have a direct contract with the owner to assert a constitutional lien (this lien does not require sending written prelien notices). Subcontractors do not have a direct contract with the owner, therefore those construction liens are called Mechanic’s Lien Affidavit.

Exception: If a subcontractor has a direct contract with the project owner, then it might be able to assert a constitutional lien against the project.

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