TX STATETexas Court of Appeals, 4th District (San Antonio)
2005

MG Building Materials, Ltd. v. Moses Lopez Custom Homes, Inc.

179 S.W.3d 51Texas Court of Appeals, 4th District (San Antonio) • Decided 2005Modified

HOLDING

A homebuilder (Lopez) assigned all of its lien rights to a lender (MG) to secure construction financing. When the project ran into problems, Lopez tried to file a mechanic's lien but couldn't because it had already given away those rights. The court ruled that once you assign your lien rights to a lender, you lose the ability to file a lien later—even if the lender doesn't pay you. However, you may still sue for breach of contract on other grounds.

KEY FINDINGS

Lien Rights

Never assign all your lien rights to a lender or anyone else without understanding you're giving up your ability to file a mechanic's lien if things go wrong.

Lien Waiver

If you must assign lien rights as a condition of financing, carve out exceptions or negotiate the right to file a lien if the lender fails to fund promised draws.

Broad Indemnification

Losing lien rights doesn't eliminate all remedies—you can still sue for breach of contract, but a lien is faster and more powerful, so losing it is a major disadvantage.

FULL COURT OPINION