T. Ric Construction Law, Liens and Attorney Dallas TX and Fort Worth TX

ABOUT US T. Rick Frazier - Texas Attorney at Law T. Rick Frazier is a Texas-born, -raised, and -educated attorney who specializes in getting contractors, subcontractors, suppliers and other laborers paid for the work they do in Texas.

A graduate of Texas A & M University and Texas Tech University School of Law, Rick has been practicing law in Texas since 1974.

Opening his own office in 1978, Mr. Frazier has continually served the legal needs of the North Texas community for over 30 years. Though primarily focused on real estate and construction law, and commercial litigation, with a highly successful emphasis on enforcing mechanics’ and materialmen’s liens to get local contractors paid for their labors, Mr. Frazier has participated in a wide variety of areas of law, including: • business entity formation • commercial leases and liens • contracts and contract disputes • dispute avoidance counseling • a broad spectrum of civil litigation • wills, trusts and probate • divorce, child support and family law • personal injury and wrongful death • claims under the Deceptive Trade Practices Act “Texas Contractors, subcontractors and suppliers! Get your unpaid invoices paid in full, with interest, at little or no cost to you. I collect for you what you are owed, efficiently and effectively so you are paid fast, in full, and with a minimum of inconvenience to you. You will always find me available and responsive to your needs and concerns. I collect difficult claims for you that other lawyers can’t. Do not waste your time or money – I give you a truthful and honest assessment of your claim upfront.”

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WE GET YOU PAID At the LAW OFFICES of T. RICK FRAZIER, we do one thing better than anyone else...

WE GET YOU PAID!

Are you a contractor, subcontractor, supplier, fabricator, mechanic, materialman, artisan or laborer who works on construction, renovation, remodeling or repair projects?

Having trouble getting all your claims and invoices paid in full?

Need help getting paid the money you worked so hard for?

If you work in Texas, you’ve come to the right place!

We get you paid fast... in full... with interest... ... and we make the other side pay our attorney's fees! That’s right... with the LAW OFFICES of T. RICK FRAZIER, getting paid in full will typically cost you NOTHING! That’s because in almost every case, we recover from the debtor sufficient attorney’s fees to refund to you every penny you've paid to us. ( Good luck trying to get another law firm to do that! ) Many law firms want to charge you a percentage of the amount they recover –that is, a percentage of your claim – and usually they want 33%, 40% or more.Other lawyers will handle your case, charging you on an hourly basis at rates of $300, $400, $500 per hour! This means you have to trade off several (or many) hours of your hard work for each hour the lawyer spends trying to collect your claim.In either case, you aren’t getting paid in full – the lawyers are!At the Law Offices of T. Rick Frazier, we don’t charge a percentage and when we make the debtor pay your claim (and we almost always do), we collect and refund to you in full any fees you have paid.Do we ever fail to get a claim paid? Not often, but it does occasionally happen for the following reasons: 1.The claim we were asked to collect was not valid. Perhaps an invoice was accidentally doublebilled, or the work was not properly performed, or it might be that you are making a claim against the wrong person or entity. We can help correct these situations, but sometimes it means you won’t be paid in full.

2.The mechanics’ and materialmen’s lien may not have been properly perfected as required by Texas law. We use your mechanics’ and materialmen’s lien against the owner’s property as our legal hammer to force the debtor to pay your claims. Without a valid lien, any judgment against the debtor may have little effect and will not get you fully paid. Our ability to confidently get you paid in full every time depends heavily upon your having a valid, properly perfected lien.

3. The debtor or property owner may file for bankruptcy protection. This doesn’t happen often, but when it does… collection of any claims against that debtor in bankruptcy will be delayed and may become largely unrecoverable.

But note – unlike most other law firms, T. RICK FRAZIER OFTEN CAN COLLECT YOUR CLAIMS FOR YOU... ... EVEN AFTER BANKRUPTCY OR A LENDER FORECLOSURE! So who uses our legal services?

Contractors and subcontractors, suppliers and laborers, painters, carpet installers, builders, electricians, cleaners and demolishers who perform work and/or supply materials in Texas for construction, renovation, remodeling and repairing buildings, apartments, condos, houses and other structures, and who didn’t get paid in full......but want to.

WE GET THEM PAID! Here are some of the things our clients say about us: “Mr. Frazier always gets me paid in full with no deduction for attorney’s fees. He’s automatic. I bring him the claim – he gets me my money. Why would I ever go to anyone else?” – MIKE FIUT - PAINT MATCH, contractor “Mr. Rick has helped me many times to get the money I was owed. Before, lawyers always took a big part of my claim as attorney fees, so I had to find someone else to help me. With Mr. Rick, when he settles my case, he always refunds any fees I have paid him so now I always get paid in full.” – ARACELI GONZALEZ - ON THE SPOT CLEANING, contractor/supplier “The property my lien was on got foreclosed by the lender, leaving me owed thousands of dollars. Other lawyers told me my lien was cut off and there was no real chance of ever getting paid. But even after the foreclosure, Mr. Frazier got me every penny I was owed, plus interest, and made the other side pay his attorney’s fees!” – MICHAL SOLECKI - PLATINUM PAINTING, subcontractor “Thorough, always available, Mr. Frazier and his staff make the entire process easy to understand and painless. I prefer to be paid in the ordinary course of business, but when that doesn’t happen, it’s great to know Mr. Frazier will be there to ‘persuade’ them to honor my invoices.” – AGNIESZKA MALECKA EURO DISCOUNT PAINTING, contractor

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TEXAS CONSTRUCTION LIEN LAWS ( What you need to know to get your invoices paid ) The Texas construction lien laws, commonly referred to as “mechanics’ lien laws”, are not simple or easy for even the average lawyer to understand and follow, much less the typical contractor, subcontractor or supplier. But there are a number of issues and deadlines that must be followed to the letter in order to have a valid and enforceable construction lien.

Why do you need a valid and enforceable construction lien? Because this is quite simply the ultimate hammer that will force the property owner to pay you (or to see that you are paid). All too often, we see cases where a contractor or subcontractor has performed the work as requested, on time and in a workmanlike manner, yet the invoices for the work go unpaid, or only partially paid. The property owner repeatedly makes excuses or promises to pay, but the money isn’t forthcoming.

That's where the construction lien comes in. With a valid and properly perfected lien, the threat of a foreclosure sale of the owner’s property very often brings the results the contractor or subcontractor wants: YOU GET PAID! The problem is that the Texas construction lien laws are spread out over several lengthy documents (including the Texas Constitution and the Texas Property Code), as well as the numerous court opinions which interpret these written laws. The laws and interpretations can and do sometimes conflict, and the whole process can be extremely complex (especially for someone who does not deal with these laws on a daily basis). And if you fail to take all the required steps at the times prescribed by the laws, there is a good chance you won’t have a valid, enforceable lien.

NO VALID LIEN = NO FORECLOSURE SALE = NO MONEY FOR YOU! Sure, you may be able to take the non-paying property owner or contractor to court, and even get a judgment against him for the money he owes you, but without the lien, that judgment may very well be just a piece of paper.

With this in mind, we have prepared a basic outline of the most critical information you should know and required steps you must take in order to obtain a properly perfected lien. Hopefully this information will prevent you from stepping into a trap, and further assist you in identifying at what point you should seek the assistance of a Texas attorney who is well-versed in our construction laws.

FIRST QUESTION What is your relationship to the Project? Your requirements, protections, and remedies differ depending on whether you are a prime or original contractor, a subcontractor, a supplier, a maker of specially fabricated materials or further down the list. So the threshold question for any construction project is what is your connection with the project.

Filing Deadlines Notice and Filing Deadlines for Subcontractors on Texas Private and Public Construction Projects

column 1

column 2

column 3

column 4

month work performed or materials delivered 15th day of 2nd month 15th day of 3rd month 15th day of 4th month

January

March 15

April 15

May 15

Febrary

April 15

May 15

June 15

March

May 15

June 15

July 15

April

June 15

July 15

August 15

May

July 15

August 15

September 15

June

August 15

September 15 October 15

July

September 15 October 15

November 15

August

October 15

November 15

December 15

September

November 15

December 15

January 15

October

December 15

January 15

Febrary 15

November

January 15

Febrary 15

March 15

December

Febrary 15

March 15

April 15

For ORIGINAL CONTRACTORS (those who contracted directly with the property owner), to perfect a statutory lien, using the row in column 1 containing the month in which you completed the contracted work and/or supplied the contracted materials, find in column 4 the date by which you must file your lien affidavit.

ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPERS and DEMOLITION CONTRACTORS who have a written contract with the property owner are considered to be original contractors for statutory lien perfection purposes, and therefore must file a lien affidavit by the date specified in column 4.

For FIRST TIER subcontractors and suppliers (those who contracted directly with the original contractor), for each month in which your claims are not paid, using the row in column 1 containing the

month in which you performed services and/or supplied materials for which you were not paid, find in column 3 the date by which you must deliver notice of your unpaid claim to the property owner (with a copy to the original contractor). Using the row in column 1 containing the last month in which you completed work or delivered materials, find in column 4 the date by which you must file your lien affidavit.

For SECOND TIER (or lower) subcontractors and suppliers (those who contracted with another subcontractor), for each month in which your claims are not paid, using the row in column 1 containing the month in which you performed services and/or supplied materials for which you were not paid, find in column 2 the date by which you must deliver notice of your unpaid claim to the original contractor, and find in column 3 the date by which you must notify the property owner (with a copy to the original contractor). Using the row in column 1 containing the last month in which you completed work or delivered materials, find in column 4 the date by which you must file your lien affidavit.

Note: The required notices to the property owner and the original contractor may be combined if sent by the date found in column 2.

For subcontractors who provide SPECIALLY FABRICATED MATERIALS to the project, in addition to the notice requirements given above for first and second tier subcontractors, you must give an additional notice to the property owner setting out the details of your contract. Using the row in column 1 containing the month in which you accepted the contract to supply the contracted materials, find in column 2 the date by which you must deliver notice of your contract (including the scheduled date of delivery) to the property owner (with a copy to the original contractor). Using the row in column 1 containing the month of scheduled delivery, find in column 4 the date by which you must file your lien affidavit.

For subcontractors working on a RESIDENTIAL PROJECT, for each month in which your claims are not paid, using the row in column 1 containing the month in which you performed services and/or supplied materials for which you were not paid, find in column 2 the date by which you must deliver notice of your unpaid claim to the property owner and to the original contractor. Using the row in column 1 containing the last month in which you completed work or delivered materials, find in column 3 the date by which you must file your lien affidavit. Notice that these time limits are one-month shorter than with non-residential projects.

For subcontractors working on a PRIVATE COMMERCIAL BONDED PROJECT, there is no requirement to file a lien affidavit. All notices must be delivered within the same time frames as with non-bonded projects above, except that all notices which would normally be given to the property owner may be delivered to the bond surety instead.

http://www.trflienlawyer.com/ FAQ Texas Construction Laws FAQ -- We Get You Paid!

Q: What is a lien anyway?

A: A lien is right imposed by law allowing a person to sell property belonging to another if a debt related to the property is not paid. The property basically serves as collateral for the debt. There are contractual liens such as the mortgage on your home or the loan against your vehicle. There are liens imposed by law with mechanic’s liens being one of the most common. A mechanic’s lien is a powerful tool protecting those who provide and/or supply materials to a construction project even if you had no direct relationship with the owner of the property. Failure to take advantage of your mechanic’s lien rights is usually a regrettable mistake.

Q: Who can get a mechanic’s lien?

A: Generally, any contractor, subcontractor, laborer, mechanic, specialty fabricator, material supplier, architect, engineer, surveyor, demolisher or landscaper who has provided labor, materials, plans, plats, surveys, or landscaping to a construction project.

Q: What law controls mechanic’s liens?

A: Every state is different, but in Texas there are two basic types of mechanic’s liens, a constitutional lien and a statutory lien. The constitutional lien has been around for more than a hundred years and cannot easily be changed. The statutory mechanic’s lien laws are written by the Texas legislature in the Texas Property Code, and these laws are constantly evolving.

Q: What do I have to do to take advantage of the mechanic’s lien laws?

A: Providing proper notice of your claim is critical to obtaining a valid lien. The sooner you provide the notice, the more likely it is that you will get paid.Although a constitutional mechanic’s lien claim has no specified deadlines and is generally created when you perform the work or supply the materials, it is essential to file a lien affidavit quickly to prevent a subsequent buyer or lender from cutting off your lien.

Q: Do I need a written contract to get a mechanic’s lien?

A: It depends on the nature of the project and what kind of contractor/subcontractor you are. All residential projects require written contracts no matter what. And according to the Texas Property Code, architects, engineers, surveyors, demolishers and landscapers also require written contracts. All others generally do not have to have a written contract.

Q: After sending a demand letter, can I accept an offer from the property owner to pay my claim in full?

A: Once you’ve hired an attorney, I would not recommend accepting an offer to pay only the amount of your claim, since your attorney can also recover costs, interest, and attorney’s fees. If you Q: How do I enforce my mechanic’s lien?

A: If sending notices, filing affidavits and sending demand letters does not get you paid, your attorney must file a lawsuit to foreclose the lien. But beware! Most attorneys will charge you a significant hourly fee, or a significant percentage of your claim to represent you. That’s how they make a living. If we represent you, we make the other side pay all of our attorney’s fees. That’s how we make a living.

Q: Can a contractor have a mechanic’s lien without filing an affidavit?

A: Article 16 of the Texas Constitution provides that if you are an original contractor – that is, you have a contract directly with the property owner – the work that you complete in a workmanlike manner will automatically be secured by a constitutional mechanics’ and materialmen’s lien, without any requirement of filing an affidavit or notice.

However, it is highly recommended that even an original contractor file a lien affidavit as soon as possible after the work is completed to protect his or her lien from being cut off by a bona fide purchasor or lender. If someone without knowledge of your lien buys the property, for example, your lien against the property will be lost.

Q: How long can I wait before a lawsuit is filed?

A: I recommend filing your lawsuit as soon as possible after sending a demand. But certainly not longer than two years from the last day you could have filed your lien affidavit.

Q: For a claim less than $10,000, can I just file in justice court and save the attorney’s fees?

A: You could file suit against the party with whom you contracted, but note that a justice court does not have the power to issue an order of foreclosure. You can only obtain a money judgment which may prove difficult to collect. In addition, since in almost every case, we are able to recover the full extent of our attorney’s fees from the party we are suing, and we use those fees to refund to you any attorney’s fees you may have paid to us, you wouldn’t actually be saving anything by trying to handle the case on your own.

Q: How long will it take to collect my mechanic’s lien claim?

A: It varies, but generally ranges from less than thirty days up to as long as a year, but remember, your claim may earn interest at a rate of 18% per year.

Q: Can I recover interest on my claim?

A: If you contracted with the owner or the owner’s agent, normally you can recover interest at the rate of one and one-half percent per month (18% annually) starting the thirty-sixth day after your claim was submitted for payment. If you did not contract with the owner, unfortunately you can only recover interest from the party with whom you contracted.

Q: What is retainage?

A: There can be two forms of retainage, statutory retainage and contractual retainage.

The Texas Property Code requires all property owners to retain ten percent of the contract price for thirty days after the project ends. This is statutory retainage and it is mandatory. It is designed to provide a fund for all lien claimants. There are different notice and affidavit filing requirements to allow you participate in the statutory retainage.

Q: Do I have to sign an unconditional release of my claim before I can receive payment?

A: No, in fact the Texas Property Code was recently changed to deal with this issue. No waiver or release is valid unless it is conditional and complies with the form provided in the Texas Property Code.

We can assist you in getting the proper form signed in exchange for payment.

Q: I have a claim for materials specifically designed for a particular project. Can I recover for work I performed even though the materials were never delivered?

A: Yes, you have specially fabricated materials. Provided you give proper timely notices and timely file your lien affidavit, you will have a valid mechanic’s lien, but note that the notice requirements are different for these type materials.

Q: Where can I get the information I need to send notices to the proper parties?

A: The Texas Property Code provides methods to request the necessary information, but you should feel free to contact our office and we'll be happy to assist you in getting your notices out on time.

Q: Why not use an online notice-filing site – they’re cheap and fairly easy to use?

A: You might save a little money up front, but be sure to read the fine print. This is a typical disclaimer found on every single notice-filing site we checked: “DISCLAIMER: [ online service ] makes no warranty, express or implied for the use of this website. In no event shall [online service] be liable to anyone for any problem, claim or loss arising out of the use of [online service]. [online service] is not engaged in practicing law nor does [online service] provide legal advice.”

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CONTACT US 2591 Dallas Parkway, Suite 300 Frisco, TX 75034

phone: 9726613288 fax: 4692693989 http://www.trflienlawyer.com/

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