Under the Texas Property Code, the following parties have the right to file a mechanic's or materialman's lien claim: (i) any person or company who furnished labor and/or materials to a construction or improvement project; (ii) any party who specially fabricated materials for the project; and (iii) design professionals on the project, such as architects or engineers.
There are two types of liens under Texas law, the constitutional lien and the statutory lien. A constitutional lien arises automatically for any party that provides goods to an owner that are used in the improvement to the property, provided that the party is in privity of contract (i.e. in a contractual relationship) with the owner of the property.
Subcontractors and other parties who are not in direct contract with the owner do not have a constitutional lien. They must file a lien affidavit and create a statutory lien under Chapter 53 of the Code in order to have lien protection. It is advisable for ALL lien claimants, even those with constitutional lien protection, to file a statutory lien, as constitutional liens do not extend to, and are not enforceable against, subsequent owners of the liened property.