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No business seems to attract controversy more than the construction industry. Litigation may involve contracts or defects, but a large percentage of construction litigation involves the filing or defense of Mechanic/ Materialman liens. These liens fall into three main categories: 1. Private jobs controlled by V.T.C.A., Property Code -Chapter 53. 2. Public jobs controlled by the McGregor Act. 3. Federal jobs which are controlled by the Miller Act. This firm, while having experience with both the McGregor Act and Miller Act, has concentrated more of it’s of time and attention to private jobs. Enforceability of liens and indeed even the validity of those liens requires special attention to the classification of the claimant as an owner, original contractor or sub-contractor/materialman. It is through this determination of roles that it may be established if a claim is an original claim or a derivative claim. Rights and duties between these classifications vary dramatically and must be analyzed by someone who is very familiar with how each article of the Property Code Chapter 53 fits with or is negated by each other article. |