If you work in construction, you know HVAC refers to the heating, ventilation, and air conditioning system used to regulate the air within a residential or commercial building.
What you may not know is that Texas State Statutes may protect your right to file an HVAC lien. Chapter 53 of the Property Code defines the mechanic’s, contractor’s, or materialman’s lien laws.
Which Work May Qualify for An HVAC Lien?
You may be an AC technician or an HVAC installer. Perhaps you are an HVAC engineer and design, install, repair, and maintain the entire HVAC system. Or you may be the HVAC contractor specializing in installing and maintaining furnaces, boilers, heat pumps, and central air conditioners.
The Texas Department of Licensing and Regulation (TDLR) Air Conditioning and Refrigeration program regulates contractors installing, repairing, or maintaining air conditioning, refrigeration, or heating systems. However, many of these professionals aren’t aware that the Mechanic’s Lien laws may protect them.
These statutes include protection for labor and the materials and supplies used on a job.
(3) “Labor” means:
- labor used in the direct performance of the work; or
- a professional service used in the direct preparation for the work of a design, drawing, plan, plat, survey, or specification.
(4) “Material” means all or part of:
- the material, machinery, fixtures, or tools:
- incorporated into the work;
- used in the direct performance of the work;
- specially fabricated for an improvement; or
- ordered and delivered for incorporation or use.
Protect Your HVAC Lien Rights
Knowing how to use legal tools can help you get paid faster. The mechanic’s lien is the first step in avoiding cash flow issues affecting your bottom line.
A mechanic’s lien is a legal tool in the Texas State Statutes. A valid HVAC lien claim provides an unpaid party with a security interest in a property. A lien often motivates the owner to ensure HVAC professionals, including suppliers, get paid for their hard work.
There are specific steps you need to take and deadlines to follow to file a valid HVAC lien claim.
Are you eligible to file a mechanic’s lien for HVAC?
- Did you provide labor on the HVAC job?
- Did you furnish materials that were incorporated into the project?
- Were you working for the property owner on a commercial project?
- Were you working as a subcontractor to the general contractor?
If you can answer yes to any of these questions, you may be eligible to file an HVAC lien. For commercial, non-public construction projects—mechanic’s liens can help get your invoice paid.
Filing a mechanic’s HVAC lien in Texas can be complicated. Many contractors, technicians, and engineers lose their rights when they miss filing deadlines or make a mistake in filling out forms.
However, there is an alternative to doing it yourself or paying an attorney. Texas Easy Lien has developed an online system to walk you through the process.
We can help you with the entire process. As a result, you never need to leave your office or stand in line at the County Clerk’s office, wasting your valuable time to file an HVAC lien.
Additional requirements apply to residential and public projects. Contact us today for more answers and how Texas Easy Lien can help you get paid.