In addition, the prevailing party shall be entitled to his attorney's fees and costs. Once filed and perfected, a mechanic's lien creates a security interest in the property for the amount the creditor is owed. The lien is not against the owner, it is against the owner's property. If there is more than one lien against the same property, the law determines the order in which each lien is paid.
In the event that the contract is breached and payment is not received, an affidavit for mechanics' lien may be filed to place a lien on the project. In Texas, general contractors, subcontractors, material suppliers, specialty material fabricators, and design professionals all have the right to file a mechanics lien if they do not receive payment.
Parties who contracted directly with the owner of the property in Texas can file a constitutional lien. The notice must go to both the owner of the property and the general contractor. A mechanic's lien can be filed by any person who provides labor, materials, machinery, fixtures, or tools for construction, repair, or improvement to a house, building, levee, or embankment.
Most work that you would associate with home or commercial building is covered. TopTenReviews wrote "there is such an extensive range of documents covering so many topics that it is unlikely you would need to look anywhere else".
USLegal received the following as compared to 9 other form sites. Note: This summary is not intended to be an all inclusive discussion of Texas Law of Mechanic's liens, but does contain basic and other provisions.
A the material, machinery, fixtures, or tools incorporated into the work, consumed in the direct prosecution of the work, or ordered and delivered for incorporation or consumption;. B rent at a reasonable rate and actual running repairs at a reasonable cost for construction equipment used or reasonably required and delivered for use in the direct prosecution of the work at the site of the construction or repair; or.
C power, water, fuel, and lubricants consumed or ordered and delivered for consumption in the direct prosecution of the work. The term does not include retainage under Subchapter E. Number of Contractors: There may be one or more contractors for a constrution project. Notice Requirements: Any notice or other written communication may be delivered in person to the party entitled to the notice or to that party's agent, regardless of the manner prescribed by law.
If notice is sent by registered or certified mail, deposit or mailing of the notice in the United States mail in the form required constitutes compliance with the notice requirement. This subsection does not apply if the law requires receipt of the notice by the person to whom it is directed. If a written notice is received by the person entitled to receive it, the method by which the notice was delivered is immaterial. A person has a lien if the person labors, specially fabricates material, or furnishes labor or materials for construction or repair in this state of:.
B a levee or embankment to be erected for the reclamation of overflow land along a river or creek; or. 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 lien on the property.
A person 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 lien on the property.
Property to Which Lien Extends: The lien extends to the house, building, fixtures, or improvements, the land reclaimed from overflow, or the railroad and all of its properties, and to each lot of land necessarily connected or reclaimed.
The lien does not extend to abutting sidewalks, streets, and utilities that are public property. A lien against land in a city, town, or village extends to each lot on which the house, building, or improvement is situated or on which the labor was performed. A lien against land not in a city, town, or village extends to not more than 50 acres on which the house, building, or improvement is situated or on which the labor was performed.
Limitation on Subcontractor's Lien: The amount of a lien claimed by a subcontractor may not exceed:. Limitation on Ordinary Retainage Lien: A lien for retainage is valid only for the amount specified to be retained in the contract, including any amendments to the contract, between the claimant and the original contractor or between the claimant and a subcontractor. Inception of Mechanic's Lien - Affidavit of Commencement: Except as provided below for special lien claimants, the time of inception of a mechanic's lien is the commencement of construction of improvements or delivery of materials to the land on which the improvements are to be located and on which the materials are to be used.
The construction or materials must be visible from inspection of the land on which the improvements are being made. An owner and original contractor may jointly file an affidavit of commencement with the county clerk of the county in which the land is located not later than the 30th day after the date of actual commencement of construction of the improvements or delivery of materials to the land.
Such an affidavit filed in compliance with law is prima facie evidence of the date of the commencement of the improvement described in the affidavit.
The time of inception of a mechanic's lien arising from work described in an affidavit of commencement is the date of commencement of the work stated in the affidavit. The time of inception of a lien that is created by 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, or a person 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, is the date of recording of an affidavit of lien.
The priority of a lien claimed by a person entitled to such liens with respect to other mechanic's liens is determined by the date of recording. Such liens are not valid or enforceable against a grantee or purchaser who acquires an interest in the real property before the time of inception of the lien. Affidavit Required For Payment: Any person who furnishes labor or materials for the construction of improvements on real property shall, if requested and as a condition of payment for such labor or materials, provide to the requesting party, or the party's agent, an affidavit stating that the person has paid each of the person's subcontractors, laborers, or materialmen in full for all labor and materials provided to the person for the construction.
In the event, however, that the person has not paid each of the person's subcontractors, laborers, or materialmen in full, the person shall state in the affidavit the amount owed and the name and, if known, the address and telephone number of each subcontractor, laborer, or materialman to whom the payment is owed. The seller of any real property shall, upon request by the purchaser or the purchaser's agent prior to closing of the purchase of the real property, provide to the purchaser or the purchaser's agent, a written affidavit stating that the seller has paid each of the seller's contractors, laborers, or materialmen in full for all labor and materials provided to the seller through the date specified in the affidavit for any construction of improvements on the real property and that the seller is not indebted to any person, firm, or corporation by reason of any such construction through the date specified in the affidavit.
In the event that the seller has not paid each of the seller's contractors, laborers, or materialmen in full for labor and material provided through the date specified in the affidavit, the seller shall state in the affidavit the amount owed and the name and, if known, the address and telephone number of each contractor, laborer, or materialman to whom the payment is owed. A person, including a seller, commits an offense if the person intentionally, knowingly, or recklessly makes a false or misleading statement in an affidavit under this section.
An offense under this section is a misdemeanor. A person may not receive community supervision for the offense. A person signing an affidavit under this section is personally liable for any loss or damage resulting from any false or incorrect information in the affidavit. Procedure to Claim Lien - Filing of Affidavit: Except as otherwise provided, the person claiming the lien must file an affidavit with the county clerk of the county in which the property is located or into which the railroad extends not later than the 15th day of the fourth calendar month after the day on which the indebtedness accrues.
A person claiming a lien arising from a residential construction project must file an affidavit with the county clerk of the county in which the property is located not later than the 15th day of the third calendar month after the day on which the indebtedness accrues. Contents of Affidavit: The affidavit must be signed by the person claiming the lien or by another person on the claimant's behalf and must contain substantially:.
The claimant may attach to the affidavit a copy of any applicable written agreement or contract and a copy of each notice sent to the owner. The affidavit is not required to set forth individual items of work done or material furnished or specially fabricated.
The affidavit may use any abbreviations or symbols customary in the trade. Notice of Filed Affidavit: A person who files an affidavit must send a copy of the affidavit by registered or certified mail to the owner or reputed owner at the owner's last known business or residence address not later than the fifth day after the date the affidavit is filed with the county clerk.
If the person is not an original contractor, the person must also send a copy of the affidavit to the original contractor at the original contractor's last known business or residence address within the same period. Accrual of Indebtedness: Indebtedness accrues on a contract under which a plan or plat is prepared, labor was performed, materials furnished, or specially fabricated materials are to be furnished in accordance with the provisions below.
Indebtedness to a subcontractor, or to any person not covered above, who has furnished labor or material to an original contractor or to another subcontractor accrues on the last day of the last month in which the labor was performed or the material furnished.
A claim for retainage accrues on the last day of the month in which all work called for by the contract between the owner and the original contractor has been completed, finally settled, or abandoned.
Derivative Claimant: Notice to Owner or Original Contractor: Except as provided by below dealing with residential construction contracts, a claimant other than an original contractor must give the notice prescribed by this section for the lien to be valid. If the lien claim arises from a debt incurred by a subcontractor, the claimant must give to the original contractor written notice of the unpaid balance. The claimant must give the notice not later than the 15th day of the second month following each month in which all or part of the claimant's labor was performed or material delivered.
The claimant must give the same notice to the owner or reputed owner and the original contractor not later than the 15th day of the third month following each month in which all or part of the claimant's labor was performed or material or specially fabricated material was delivered. Comal E-filing. Comal County Clerk N. Concho E-filing. Cooke E-filing. Coryell E-filing. Box Gatesville, TX ext. Crane E-filing.
Culberson E-filing. Dallas E-filing. Dawson E-filing. Dawson County Clerk P. Box Lamesa, TX Denton E-filing. Denton County Clerk E. DeWitt E-filing. Dimmit E-filing.
Dimmit County Clerk N. Ector E-filing. Ector County Clerk's Office N. El Paso E-filing. El Paso County Clerk E. Ellis E-filing. Ellis County Clerk S. Jackson St. Waxahachie, TX Erath E-filing. Fannin E-filing. Fannin County Clerk E.
Fayette E-filing. Fort Bend E-filing. Freestone E-filing. Frio E-filing. Gaines E-filing. Galveston E-filing. Gillespie E-filing. Glasscock E-filing. Glasscock County Clerk P. Goliad E-filing. Goliad County Clerk N. Courthouse Square Goliad, TX Gonzales E-filing. Gonzales County Clerk St. George, Ste. Gray E-filing. Grayson E-filing. Grayson County Clerk W. Houston Sherman, TX Gregg E-filing. Gregg County Clerk E. Methvin, Suite Longview, TX Guadalupe E-filing.
Hale E-filing. Hansford E-filing. Hardin E-filing. Harris E-filing. Harris County Clerk Caroline St. Hays E-filing. Hays County Clerk S. Hidalgo E-filing. Hidalgo County Clerk N. Hill E-filing.
Hockley E-filing. Hopkins E-filing. Houston E-filing. Howard E-filing. Hutchinson E-filing. Jefferson E-filing. Johnson E-filing. Johnson County Clerk 2 N. Main St. Room Cleburne, TX If you continue to pay the contractor after receiving the written notice without withholding the amount of the claim, you may be liable and your property may be subject to a lien for the amount you failed to withhold.
Not all claims are valid. The notice and the affidavit must contain certain information. All claimants may not fully comply with the legal requirements to collect on a claim. If you have paid the contractor in full before receiving a notice of a claim and have fully complied with the law regarding statutory retainage, you may not be liable for that claim.
Accordingly, you should consult your attorney when you receive a written notice of a claim to determine the true extent of your liability or potential liability for that claim. When you receive a notice of claim, do not release withheld funds without obtaining a signed and notarized release of lien and claim from the claimant. You can also reduce the risk of having a claim filed by a subcontractor or supplier by requiring as a condition of each payment made by you or your lender that your contractor furnish you with an affidavit stating that all bills have been paid.
Under Texas law, on final completion of the work and before final payment, the contractor is required to furnish you with an affidavit stating that all bills have been paid. If the contractor discloses any unpaid bill in the affidavit, you should withhold payment in the amount of the unpaid bill until you receive a waiver of lien or release from that subcontractor or supplier. You may be able to obtain a title insurance policy to insure that the title to your property and the existing improvements on your property are free from liens claimed by subcontractors and suppliers.
This endorsement will protect your property from liens claimed by subcontractors and suppliers that may arise from the date the original title policy is issued to the date of the endorsement. File an Affidavit of Lien now Make sure that you include all the statements listed above and you stick with the prescribed format, including the capitalization of certain parts.
Before commencing work on a project, a residential general contractor must also provide a list of subcontractors and suppliers. This list must include the name, address, and telephone number of each subcontractor and supplier working for you. It must also have the following statement in point bold font:. Should the List of Subcontractors or Suppliers get updated during the course of the project, you have to serve the owner the updated list within 15 days of the date the subcontractor or supplier is added or removed from the list.
Note that failing to serve the Disclosure Statement and the List of Subcontractors and Suppliers will not necessarily invalidate your lien rights. However, it is still very important that you serve them on the property owner. Serving these documents open communication lines between you and owner s and everyone is informed about their rights.
If you are a general contractor on a homestead property, you have additional steps to fulfill to ensure that you keep your lien rights intact. If you are working on such a property, make sure that you follow these steps:. You must ensure that you fulfill all the steps above prior to starting your work on a project. Failing to complete those steps will likely lead to the invalidation of your potential mechanics lien claim. The following pieces of information must be included in your Texas mechanics lien or Affidavit of Lien:.
This amount must not include lien-related costs, attorney fees, and other miscellaneous expenses not related to your construction services. A lien against land in a city, town, or village extends to each lot on which the house, building, or improvement is situated or on which the labor was performed. A lien against land not in a city, town, or village extends to not more than 50 acres on which the house, building, or improvement is situated or on which the labor was performed.
Limitation on Subcontractor's Lien: The amount of a lien claimed by a subcontractor may not exceed:. Limitation on Ordinary Retainage Lien: A lien for retainage is valid only for the amount specified to be retained in the contract, including any amendments to the contract, between the claimant and the original contractor or between the claimant and a subcontractor.
Inception of Mechanic's Lien - Affidavit of Commencement: Except as provided below for special lien claimants, the time of inception of a mechanic's lien is the commencement of construction of improvements or delivery of materials to the land on which the improvements are to be located and on which the materials are to be used.
The construction or materials must be visible from inspection of the land on which the improvements are being made.
An owner and original contractor may jointly file an affidavit of commencement with the county clerk of the county in which the land is located not later than the 30th day after the date of actual commencement of construction of the improvements or delivery of materials to the land.
Such an affidavit filed in compliance with law is prima facie evidence of the date of the commencement of the improvement described in the affidavit. The time of inception of a mechanic's lien arising from work described in an affidavit of commencement is the date of commencement of the work stated in the affidavit.
The time of inception of a lien that is created by 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, or a person 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, is the date of recording of an affidavit of lien.
The priority of a lien claimed by a person entitled to such liens with respect to other mechanic's liens is determined by the date of recording. Such liens are not valid or enforceable against a grantee or purchaser who acquires an interest in the real property before the time of inception of the lien. Affidavit Required For Payment: Any person who furnishes labor or materials for the construction of improvements on real property shall, if requested and as a condition of payment for such labor or materials, provide to the requesting party, or the party's agent, an affidavit stating that the person has paid each of the person's subcontractors, laborers, or materialmen in full for all labor and materials provided to the person for the construction.
In the event, however, that the person has not paid each of the person's subcontractors, laborers, or materialmen in full, the person shall state in the affidavit the amount owed and the name and, if known, the address and telephone number of each subcontractor, laborer, or materialman to whom the payment is owed. The seller of any real property shall, upon request by the purchaser or the purchaser's agent prior to closing of the purchase of the real property, provide to the purchaser or the purchaser's agent, a written affidavit stating that the seller has paid each of the seller's contractors, laborers, or materialmen in full for all labor and materials provided to the seller through the date specified in the affidavit for any construction of improvements on the real property and that the seller is not indebted to any person, firm, or corporation by reason of any such construction through the date specified in the affidavit.
In the event that the seller has not paid each of the seller's contractors, laborers, or materialmen in full for labor and material provided through the date specified in the affidavit, the seller shall state in the affidavit the amount owed and the name and, if known, the address and telephone number of each contractor, laborer, or materialman to whom the payment is owed. A person, including a seller, commits an offense if the person intentionally, knowingly, or recklessly makes a false or misleading statement in an affidavit under this section.
An offense under this section is a misdemeanor. A person may not receive community supervision for the offense. A person signing an affidavit under this section is personally liable for any loss or damage resulting from any false or incorrect information in the affidavit.
Procedure to Claim Lien - Filing of Affidavit: Except as otherwise provided, the person claiming the lien must file an affidavit with the county clerk of the county in which the property is located or into which the railroad extends not later than the 15th day of the fourth calendar month after the day on which the indebtedness accrues. A person claiming a lien arising from a residential construction project must file an affidavit with the county clerk of the county in which the property is located not later than the 15th day of the third calendar month after the day on which the indebtedness accrues.
Contents of Affidavit: The affidavit must be signed by the person claiming the lien or by another person on the claimant's behalf and must contain substantially:. The claimant may attach to the affidavit a copy of any applicable written agreement or contract and a copy of each notice sent to the owner. The affidavit is not required to set forth individual items of work done or material furnished or specially fabricated.
The affidavit may use any abbreviations or symbols customary in the trade. Notice of Filed Affidavit: A person who files an affidavit must send a copy of the affidavit by registered or certified mail to the owner or reputed owner at the owner's last known business or residence address not later than the fifth day after the date the affidavit is filed with the county clerk.
If the person is not an original contractor, the person must also send a copy of the affidavit to the original contractor at the original contractor's last known business or residence address within the same period.
Accrual of Indebtedness: Indebtedness accrues on a contract under which a plan or plat is prepared, labor was performed, materials furnished, or specially fabricated materials are to be furnished in accordance with the provisions below. Indebtedness to a subcontractor, or to any person not covered above, who has furnished labor or material to an original contractor or to another subcontractor accrues on the last day of the last month in which the labor was performed or the material furnished.
A claim for retainage accrues on the last day of the month in which all work called for by the contract between the owner and the original contractor has been completed, finally settled, or abandoned.
Derivative Claimant: Notice to Owner or Original Contractor: Except as provided by below dealing with residential construction contracts, a claimant other than an original contractor must give the notice prescribed by this section for the lien to be valid. If the lien claim arises from a debt incurred by a subcontractor, the claimant must give to the original contractor written notice of the unpaid balance.
The claimant must give the notice not later than the 15th day of the second month following each month in which all or part of the claimant's labor was performed or material delivered. The claimant must give the same notice to the owner or reputed owner and the original contractor not later than the 15th day of the third month following each month in which all or part of the claimant's labor was performed or material or specially fabricated material was delivered. If the lien claim arises from a debt incurred by the original contractor, the claimant must give notice to the owner or reputed owner, with a copy to the original contractor, in accordance with the paragraph above.
To authorize the owner to withhold funds, the notice to the owner must state that if the claim remains unpaid, the owner may be personally liable and the owner's property may be subjected to a lien unless:.
The notice must be sent by registered or certified mail and must be addressed to the owner or reputed owner or the original contractor, as applicable, at his last known business or residence address. A copy of the statement or billing in the usual and customary form is sufficient as notice under this section.
If the agreement is with a subcontractor, the claimant must also give notice within that time to the original contractor. If notice is sent in a form that substantially complies with Section If notice is sent under Section If notice is sent as provided by Section Payment to Claimant on Demand: The claimant may make written demand for payment of the claim to an owner authorized to withhold funds under this subchapter.
The demand must give notice to the owner that all or part of the claim has accrued under Section The claimant must send a copy of the demand to the original contractor. The original contractor may give the owner written notice that the contractor intends to dispute the claim. The original contractor must give the notice not later than the 30th day after the day he receives the copy of the demand. If the original contractor does not give the owner timely notice, he is considered to have assented to the demand and the owner shall pay the claim.
The claimant's demand may accompany the original notice of nonpayment or of a past-due claim and may be stamped or written in legible form on the face of the notice. Unless the lien has been secured, the demand may not be made after expiration of the time within which the claimant may secure the lien for the claim.
Owner's Liability: Except for the amount required to be retained under Subchapter E, the owner is not liable for any amount paid to the original contractor before the owner is authorized to withhold funds under this subchapter. If the owner has received the notices required by Subchapter C or K, if the lien has been secured, and if the claim has been reduced to final judgment, the owner is liable and the owner's property is subject to a claim for any money paid to the original contractor after the owner was authorized to withhold funds under this subchapter.
The owner is liable for that amount in addition to any amount for which he is liable under Subchapter E. Required Retainage: During the progress of work under an original contract for which a mechanic's lien may be claimed and for 30 days after the work is completed, the owner shall retain:. Payment Secured by Retainage: The retained funds secure the payment of artisans and mechanics who perform labor or service and the payment of other persons who furnish material, material and labor, or specially fabricated material for any contractor, subcontractor, agent, or receiver in the performance of the work.
Preferences: Individual artisans and mechanics are entitled to a preference to the retained funds and shall share proportionately to the extent of their claims for wages and fringe benefits earned.
After payment of artisans and mechanics who are entitled to a preference under the paragraph above, other participating claimants share proportionately in the balance of the retained funds. Owner's Liability for Failure to Retain: If the owner fails or refuses to comply with this subchapter, the claimants complying with this chapter have a lien, at least to the extent of the amount that should have been retained from the original contract under which they are claiming, against the house, building, structure, fixture, or improvement and all of its properties and against the lot or lots of land necessarily connected.
The claimants share the lien proportionately in accordance with the preference provided by Section Affidavit of Completion: An owner may file with the county clerk of the county in which the property is located an affidavit of completion. The affidavit must contain:.
A copy of the affidavit must be sent by certified or registered mail to the original contractor not later than the date the affidavit is filed and to each claimant who sends a notice of lien liability to the owner under Section A copy of the affidavit must also be sent to each person who furnishes labor or materials for the property and who furnishes the owner with a written request for the copy.
The owner must furnish the copy to the person not later than the date the affidavit is filed or the 10th day after the date the request is received, whichever is later.
0コメント