Our very own David Tolin was recently called on by a reporter at the Houston Business Journal to give his expert explanation on how the lien process worked. The journal was covering a recent lien case with a condo developer in the River Oaks area in Houston.
David eloquently explained all things liens to the readers. We’re always proud when a member of the team is called upon by the press to give their opinion. Here are David’s comments from the article:
“A lien can only be filed for the value of the work performed, said David Tolin, an attorney with the Houston-based law firm Cokinos Young, who specializes in construction law.
While he didn’t comment on this specific lien or recently filed suits, Tolin said there’s no standard order regarding what is usually filed first. If the only complain is nonpayment, one can typically expect to see a lien filed ahead of litigation. But, one could also file a suite at any time, particularly if there are other claims that are the main concern, such as breach of contract.
Tolin also said liens on properties that have changed hands, such as condo units that have been sold to individuals, would usually include the names of those additional owners.
In standard cases involving a general contractor working directly with a property owner, liens are typically filed within four months after work is complete, Tolin said, but added a caveat that this doesn’t apply across the board. Subcontractor timelines can vary greatly, he said.
Usually commercial construction projects have a timeline of two years to foreclose on a lien, but the majority of the liens are settled prior to foreclosure, Tolin said.”