Texas Mechanic’s and Materialman’s Liens and the Scope of the Preferential Lien on Removables
Leonard, Jeffrey A.
Woody, Darren G.
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The intricacies of mechanic's and materialman's liens are a constant source of confusion for Texas courts and attorneys. The most troublesome aspect of Texas mechanic's lien law involves priority contests. The most harmful result of the uncertainty existing in this area of Texas property law is that lenders, original contractors, subcontractors, and developers do not know how to protect their varied interests. Resolution of this uncertainty is of paramount importance to all segments of the construction industry. This article attempts to provide an overview of Texas mechanic's and materialman's lien law and to focus specifically on the scope of the preferential lien on removable improvements.