TX STATECourt of Appeals of Texas
2014

Long Q. Pham and Thao M. Silva v. Harris County Rentals, L.L.C.

455 S.W.3d 702Court of Appeals of Texas • Decided 2014Enforced

HOLDING

A subcontractor (Harris County Rentals) filed a materialman's lien against property owners Pham and Silva after the general contractor failed to pay for equipment rental. The property owners challenged the lien's validity, but the court upheld it because they failed to specifically deny the timely filing of the lien affidavit as required by Texas law. The subcontractor won foreclosure on the lien and collected payment from the property owners.

KEY FINDINGS

Lien Rights

File your lien affidavit on time and properly—property owners must specifically deny timely filing or they lose that defense

Lien Waiver

Property owners cannot ignore a lien claim; failure to properly respond in court means the lien stands and can be foreclosed

Retention

Even when a general contractor doesn't pay you, you can go directly against the property owner through a materialman's lien if filed correctly

FULL COURT OPINION