![]() Plus, there is a specialized required notice for those who provide a Notice of Specially Fabricated Materials Form*. Texas notices go by a lot of different, unofficial, names: preliminary notices, pre-lien notices, monthly notices, three-month notices, two-month notices. ![]() If you don’t send the proper notices, by the proper deadline, to the right people, you will lose your powerful Texas mechanics lien rights. If you’re a subcontractor or supplier in Texas, you likely have some type of preliminary notice requirement! Those who contract directly with the property owner - such as general contractors - are the only participants who are exempt from most notices.ĭon’t overlook your notice requirement. While this post is about the lien filing and not the notice scheme, it is mentioned here because the notice scheme is so important to lien rights, and because a lot of contractors make mistakes with Texas notices. See the Ultimate Guide to Preparing & Sending Your Texas Monthly Notices And language like “ 15th day of the second month following the month that work was performed” can be dizzying! There are multiple notices and deadlines depending on the type of project and the claimant’s role. This is where the Texas lien process gets such a bad reputation. However, the Texas monthly notice scheme can be a nightmare. Related: What is a Design / Artisan Lien? 2. Did you send all the required Texas construction notices?įiguring out how to file a Texas mechanics lien is not that difficult - as you’ll see below, the act of preparing and filing your lien in Texas is pretty straightforward. ![]() Parties that contribute “construction of improvements” on a project, and fall into one of the three categories above, can file a Texas mechanics lien – as long as they follow the other required steps! Design professionals (engineers, architects, surveyors).Parties who specially fabricate materials.Parties who furnish labor or materials to an improvement of real property.The Texas Property Code outlines three broad categories of project participants who are entitled to file a mechanics lien claim: Is your work covered & protected by the lien laws? Are you within the lien filing deadline?ġ.If on a Homestead property, does the GC have a properly executed contract?.Did you meet all of the notice requirements?.Is your work covered & protected by the lien laws?.In Texas, this involves 3 considerations. Mechanics liens are an extremely powerful toolavailable to Texas contractors and suppliers to make sure they get paid! Free mechanics lien formsīefore you file: Are you eligible to file a Texas mechanics lien?īefore you fill out a Texas mechanics lien form, you’ll want to figure out whether you can actually file one. This is an important step in Texas because the lien laws contain a lot of requirements and pre-requisites.īefore we get to the steps of preparing, serving, and filing the claim itself, you should spend a few moments examining whether you are in a position to file a lien. And the mechanics lien filing may be just what you need to help with a payment problem. If you’re unpaid on a construction project, don’t worry - you’re not alone! Slow payment is a major challenge for contractors in Texas (and everywhere). And nearly $1 billion per year goes unpaid to contractors and suppliers on construction jobs. This is mostly because they are written so poorly, and not because the underlying requirements are that complex. How do you overcome this, and how do you file a Texas mechanics lien?ĭon’t be intimidated! Texas mechanics lien laws get a bad reputation. The Lone Star State is a loner in the mechanics lien world, as Texas easily wins the award for having the most confusing and tangled set of lien laws. Texas Construction Lien Law & Payment Resources.After you file your Texas mechanics lien.Step 3: Provide written notice to the property owner & GC within 5 days.Texas County Recorder Offices – Where to File a Lien in Texas.Step 2: File your lien with the appropriate county recording office.Description of your work and/or materials (by month).Name & address of “original contractor” & person that hired you.Information you’ll need for your Texas lien form.Step 1: Fill out your Texas mechanics lien form. ![]() Are you within the Texas lien filing deadline? If on a “homestead property,” is there a properly executed contract? 2. Did you send all the required Texas construction notices?.Before you file: Are you eligible to file a Texas mechanics lien?.Watch the video: How to file a mechanics lien in Texas.Lone Star Guide: How to file a mechanics lien. ![]()
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