What damages must be proven in a business disparagement lawsuit involving a lien?

This question has been addressed in 1 Texas court opinion:

EarnhartBuilt, LLC v. Preferred Materials, LLC, Procore Technologies, Inc., Express Lien, Inc. d/b/a Levelset, Michael Mann, and J. Earnhart, Inc.

COA05 — February 5, 2026

In EarnhartBuilt, LLC v. Preferred Materials, LLC, a materials supplier filed a lien to collect $17,000 for concrete delivered to a construction project. The property owner sued, claiming the lien was "fraudulent" under Texas Civil Practice and Remedies Code Section 12.002 because it was filed after the statutory deadline. The Dallas Court of Appeals analyzed the "knowledge" and "intent" requirements of the statute, distinguishing between a lien that is merely legally invalid and one that is fraudulent. The court held that because the underlying debt for the materials was legitimate, the supplier did not have the requisite "actual knowledge" of fraudulence at the time of filing, even if the lien was procedurally defective. The court affirmed summary judgment in favor of the supplier.

Litigation Takeaway

“A lien is not "fraudulent" simply because it is legally unenforceable or filed late. To recover statutory damages for a fraudulent lien, a party must prove the filer actually knew the lien was fraudulent—meaning a misrepresentation of the truth—at the moment of filing. If there is a bona fide underlying debt, technical or procedural failures will generally not trigger the severe penalties of the fraudulent lien statute.”