Who Has the Right to File a Lien?

Prime Contractors, Subcontractors, and Suppliers

If you have labored, provided specially fabricated material, or furnished labor or materials for the construction or repair of a house, building, improvement, then you have a statutory right to file a lien against the property if the labor or materials were provided under or by virtue of an oral or written contract with the owner, the owner’s agent, trustee, receiver, contractor, or subcontractor

Architects, Engineers, and Surveyors

An architect, engineer, or surveyor who prepares a plan or plat under or by virtue of a written contract with the owner or the owner’s agent, trustee, or receiver in connection with the actual or proposed design, construction, or repair of improvements on real property or the location of the boundaries of real property, has a right to lien the real property.

A couple points to take note of:

  • The plans or plat only have to be prepared as opposed to actually used to construct the project.
  • The contract under which the services were performed must be in writing, an oral contract is insufficient to create a lien right.
  • The written contract must be with the owner or the owner’s agent, as opposed to a subcontractor.

Landscapers, Their Employees, Nurseries, and Suppliers

Anyone who provides labor, plant material, or other supplies for the installation of landscaping for a house, building, or improvement, including the construction of a retention pond, retaining wall, berm, irrigation system, fountain, or other similar installation, under or by virtue of a written contract with the owner or the owner’s agent, trustee, or receiver has a right to lien the real property.

Demolishers, Their Employees, and Suppliers

Anyone who performs labor as part of, or who furnishes labor or materials for, the demolition of a structure on real property under or by virtue of a written contract with the owner of the property or the owner’s agent, trustee, receiver, contractor, or subcontractor has a right to lien the real property.