--- title: "Storm & Restoration Contractor Liens | LevelSet Collections" description: "Mechanics liens for storm and restoration contractors: ACV and depreciation, two-party checks, spent claim money, homestead rules, Texas deadlines. $199-$500." url: https://levelsetcollections.com/mechanics-lien-filing/restoration-contractors/ source: LevelSet Collections LLC --- # Mechanics Liens for Storm & Restoration Contractors For roofing, water mitigation and fire restoration contractors owed on insurance-funded jobs. **LevelSet Collections LLC** helps contractors get paid on unpaid invoices. - [Start The Process](https://levelsetcollections.com/contact/) [Home](https://levelsetcollections.com/) › [Mechanics Lien Filing](https://levelsetcollections.com/mechanics-lien-filing/) › Storm & Restoration Contractors Reviewed by Matt Rush, updated November 2026 On an insurance job, three different parties hold pieces of your money: the carrier, the mortgage company and the homeowner. The carrier pays actual cash value first and holds depreciation until the work is done. The check comes out in the homeowner's and the lender's names. And by the time you finish, some of that money may already be spent. A lien doesn't depend on how the claim was paid. It secures what the owner agreed to pay you for the work, which is exactly why it still works when the insurance money doesn't. **Quick answer:** Your lien is for the unpaid contract price for work you performed, not for the insurance scope. On a Texas homestead, the repair contract has to meet the constitutional and § 53.254 rules before work starts, or the lien generally fails. A contractor hired by the homeowner files by the 15th of the 3rd month after the month the job was completed (Tex. Prop. Code § 53.052(a)(2)), whether or not the carrier has released depreciation. ## Where payment breaks down on insurance jobs - The ACV check comes in, the homeowner spends it, and nobody ever requests the depreciation. - The check is payable to the homeowner and the mortgage company, and the lender holds it in a loss-draft account. - The carrier approves less than your estimate and the homeowner won't pay the difference. - Emergency mitigation starts at 2am, before anyone signs the right paperwork. ## ACV now, depreciation later Most replacement-cost policies pay actual cash value first, then release recoverable depreciation after the repairs are done and documented. That timing trips up restoration contractors: the job is finished, the homeowner has the ACV money, and the final payment depends on the homeowner sending in your final invoice. Your lien deadline doesn't wait for the depreciation release. On a residential job where the owner hired you, it runs from the month you completed the work, so a carrier that sits on depreciation for 60 days can use up most of your window. ## Two-party checks and the mortgage company When the house has a mortgage, the claim check usually names the lender too, and many lenders deposit larger checks into a loss-draft account and release the money in stages after inspections. That's a payment process, not a defense to your lien. If the work is done and the owner hasn't paid, the lien is for the unpaid contract price, and a recorded lien on the property is something both the owner and the lender will see. ## When the homeowner spends the insurance money It happens after every storm: the homeowner deposits the check and uses it for something else. The money is gone, but the debt isn't. Your remedies are against the owner and the property, through your contract and your lien, so the lien deadline matters more on these jobs, not less. ## Assignment of benefits Some restoration contractors take an assignment of benefits so the carrier pays them directly. An AOB is a claim against the insurance company. It isn't a lien, it doesn't satisfy the homestead contract rules, and a fight with the carrier over the AOB doesn't stop your lien clock. If you have an AOB and a signed repair contract, the lien runs off the contract. ## Texas homestead rules on repair contracts Most storm and restoration work is a repair or renovation of an existing homestead, which brings in the Texas Constitution's rules on top of § 53.254. For the lien to be valid, the contract must be in writing and signed before the work starts; if the owner is married, both spouses must sign; if the owner applied for credit to pay for the work, the contract can't be signed until the 5th day after that written application; and the contract must give the owner the right to rescind within 3 days after everyone signs (Tex. Const. art. XVI, § 50(a)(5); Tex. Prop. Code § 53.254). The contract also has to be filed with the county clerk. **The emergency exception.** The 5-day wait and the 3-day rescission don't apply when the work is needed for immediate repairs to conditions that materially affect the health or safety of the people living in the home, and the owner acknowledges that in writing. Water extraction after a burst pipe and tarping an open roof are the classic cases, but the written acknowledgment is what makes the exception work, so get it signed with the contract on the first visit. The exception doesn't remove the written contract or the second spouse's signature. ## The deductible Texas requires the insured to pay the deductible on a property claim (Tex. Ins. Code § 707.002). A contract or invoice built around absorbing, waiving or rebating the deductible is one of the clearest reasons a lien claim can fail: the owner will point to it, and it puts the amount you're claiming in question. ## How the lien amount relates to the insurance scope The carrier's estimate measures what the policy pays, not what the owner owes you. Your lien amount is the unpaid balance under your contract for work actually performed (§ 53.023). If your contract prices the job "per the insurance scope" and the carrier approved a supplement, the supplement is part of the price. If a supplement was never approved and the owner never agreed to it in writing, it generally doesn't belong in the lien. Scope lines for work you didn't do, like gutters you never replaced, come out. An inflated lien turns your claim into the problem. ## Texas deadlines on three restoration jobs **Roof replacement:** the homeowner hired you directly on their homestead, with a compliant contract, and you finished in April. The carrier paid ACV to the owner and the lender, the owner spent it, and depreciation is still held. Your lien affidavit is due by **July 15**, the 15th of the 3rd month after April (§ 53.052(a)(2)), whether or not depreciation has been released. **Water mitigation:** a pipe burst in January. Before extraction started, both spouses signed your contract and a written acknowledgment that the work was an emergency repair, so the 5-day wait and 3-day rescission didn't apply. Drying ran into early February, your last month of work, so the lien is due by **May 15**. If nothing was signed until the equipment came off the walls, the homestead lien is likely gone and collections is the path. **Fire restoration:** you were a sub to the restoration GC rebuilding a small office building the owner leases out, a commercial job. Fire jobs run long, from board-up and contents through rebuild, and every unpaid month needs its own notice. If September was your last unpaid month, notice of claim for September is due **December 15** and the lien by **January 15** (§§ 53.056(a-1)(1), 53.052(b)(1)). (For original contracts signed on or after January 1, 2022.) [See the full Texas rules →](https://levelsetcollections.com/mechanics-lien-filing/texas/) · [Calculator](https://levelsetcollections.com/texas-lien-deadline-calculator/) ## What sinks these liens - A homestead contract missing a spouse, signed after work started, or never filed. - Emergency mitigation with no written emergency acknowledgment. - A waived, absorbed or rebated deductible. - A lien amount copied from the carrier's scope instead of the contract. - Waiting for the depreciation release before filing. - Relying on an assignment of benefits instead of a signed repair contract. ## Outside Texas? Storm work follows the weather into Oklahoma, Kansas, Louisiana and beyond, and each state has its own lien clock and its own rules for liens on homes. Carrier timing doesn't change any of them. We file restoration liens in 18 states, in any county, using each state's own notices and deadlines. [See deadlines by state →](https://levelsetcollections.com/mechanics-lien-filing/deadlines-by-state/) ## What we need from you - The signed contract, plus any emergency acknowledgment and change orders - The carrier's estimate and any approved supplements - A record of payments received, including endorsed ACV checks - Photos, moisture or drying logs and the completion date - Owner names, project address and the mortgage company's name ## Insurance money gone or the lien window closed? A missed lien deadline ends the lien, not the contract. The homeowner who spent the claim check still owes you for the work. [Construction collections, no collection, no charge →](https://levelsetcollections.com/construction-collections/) ## Pricing and turnaround One water loss or a whole storm season of open claims, the price is per lien, not per claim dollar. Liens are $199 to $500, all-inclusive: recording, notarizing and serving are included. Notices are $100. Typical turnaround is 2 business days, and there's no minimum claim amount. Call (469) 694-8003, Monday through Friday, 8am to 7pm. ## Other trades we file for [Concrete Contractors](https://levelsetcollections.com/mechanics-lien-filing/concrete-contractors/) · [Plumbing Contractors](https://levelsetcollections.com/mechanics-lien-filing/plumbing-contractors/) · [Electrical Contractors](https://levelsetcollections.com/mechanics-lien-filing/electrical-contractors/) · [HVAC Contractors](https://levelsetcollections.com/mechanics-lien-filing/hvac-contractors/) · [Painting Contractors](https://levelsetcollections.com/mechanics-lien-filing/painting-contractors/) · [Fencing Contractors](https://levelsetcollections.com/mechanics-lien-filing/fencing-contractors/) · [Flooring Contractors](https://levelsetcollections.com/mechanics-lien-filing/flooring-contractors/) · [Drywall Contractors](https://levelsetcollections.com/mechanics-lien-filing/drywall-contractors/) · [Landscaping Contractors](https://levelsetcollections.com/mechanics-lien-filing/landscaping-contractors/) · [Lumber and Building Material Suppliers](https://levelsetcollections.com/mechanics-lien-filing/lumber-suppliers/) · [Equipment Rental Companies](https://levelsetcollections.com/mechanics-lien-filing/equipment-rental-companies/) · [Roofing Contractors](https://levelsetcollections.com/mechanics-lien-filing/roofing-contractors/) · [Countertop & Stone Fabricators](https://levelsetcollections.com/mechanics-lien-filing/countertop-fabricators/) · [Solar Installers](https://levelsetcollections.com/mechanics-lien-filing/solar-installers/) See every trade we cover on our [skilled trades lien page](https://levelsetcollections.com/skilled-trades/). Related lien services: [pre-lien notices](https://levelsetcollections.com/mechanics-lien-filing/pre-lien-notice/) · [notices of intent](https://levelsetcollections.com/mechanics-lien-filing/notice-of-intent-to-lien/) · [retainage claims](https://levelsetcollections.com/mechanics-lien-filing/retainage-claims/) · [payment bond claims](https://levelsetcollections.com/mechanics-lien-filing/payment-bond-claims/) · [lien releases](https://levelsetcollections.com/mechanics-lien-filing/lien-release/). ## Frequently asked questions ### Can I file a lien before the carrier releases depreciation? Yes, and you usually should. Your deadline runs from when your work was completed, not from when the carrier pays, so waiting on depreciation can cost you the lien. ### The homeowner spent the insurance check. Can I still file a lien? Yes, if you're inside your deadline and the homestead contract rules were met. The lien secures what the owner owes under your contract, regardless of what happened to the insurance money. ### Does an assignment of benefits give me lien rights? No. An AOB is a claim against the insurance company. Your lien comes from a written repair contract with the owner that meets the homestead rules. ### Can I include a supplement in my lien? If the supplement is part of the price under your contract, such as a contract priced per the approved scope, yes. A supplement the carrier never approved and the owner never agreed to generally can't be liened. ### Does the emergency exception mean I don't need a signed contract? No. It only removes the 5-day waiting period and the 3-day right to rescind. You still need a written contract signed before work, by both spouses if married, and the owner's written acknowledgment of the emergency. ### What if the deductible was waived? Texas requires the insured to pay the deductible, and a waived or absorbed deductible is one of the clearest reasons a lien claim fails. Tell us up front so the amount matches what the owner owes under the contract. This page is general information, not legal advice. LevelSet Collections is not a law firm; we prepare and file liens and notices as agent for the claimant. Deadlines change and depend on the facts of your job. We'll check your dates against the statute before filing. ### Owed money on a storm or restoration job? Liens $199 to $500, recording, notarizing and serving included. Usually filed in 2 business days. Call (469) 694-8003. - [Start a lien](https://levelsetcollections.com/contact/) - [Subcontractors](https://levelsetcollections.com/subcontractors/) - [Skilled Trades](https://levelsetcollections.com/skilled-trades/) - [General Contractors](https://levelsetcollections.com/general-contractors/) - [Suppliers](https://levelsetcollections.com/suppliers/) - [Home Remodelers](https://levelsetcollections.com/home-remodelers/) - [Mechanic's Liens](https://levelsetcollections.com/mechanics-lien-filing/) ### Owed money on a job? Call (469) 694-8003. Liens from $199, filed in about 2 business days. Collections on contingency – no collection, no charge. - [Get In Touch](https://levelsetcollections.com/contact/)