Did you know that the Lone Star State has some of the most complex construction lien requirements in America?
As a construction professional, you already know that lien laws are in place to protect you. If a property owner has neglected to pay you, you have the right to place a lien on their building for the amount of money you are owed.
However, lien laws can only serve to protect you when you meet all of the stringent procedure requirements. It helps to work with a skilled Houston construction lien attorney to make sure all of your deadlines are properly met.
Lien Requirements in the State of Texas
In order to keep your lien rights, you must be aware of your specific lien deadlines. You likely have a preliminary notice requirement. This requirement can be complex and varies based on both your role in the construction process and the type of building. Texas deadlines occur on the 15th of the month; some notices have a deadline that falls on the 15th two months after the month during which payment was not made, while for others it’s on the 15th three months after the month during which the payment was not made.
In addition to the two-month notice and three-month notice, there are sometimes preliminary notices and monthly notices.
Whatever you do, do not overlook your notice requirement. To figure out what type(s) of notice you will need to provide to ensure your lien rights, contact a Houston mechanics lien law attorney.
How Your Houston Construction Lien Attorney Will Help
Navigating the deadlines associated with your lien can be challenging, as can figuring out exactly where to send it. Your attorney will assist you in making sure everything is sent to the proper place at the proper time.
Much like the deadlines, the course of action regarding where to send your notice depends on the details of the project. Is it residential or nonresidential? Are you the general contractor? (If so, and the property is nonresidential, you might not have a notice requirement.) Did you correspond with the general contractor? With a different party?
The answers to these questions will determine your notice requirements and subsequent plan of action.
Two additional things to keep in mind are that:
- If you provided specially fabricated materials, you are required to send an additional notice
- Texas has special requirements regarding work that was performed on a homestead
Your Houston construction lien attorney will assess your situation and help you meet the appropriate notice deadlines. They will then help you draft, file, serve, and enforce your lien.
If you would like to speak with a Houston construction lien attorney, please submit our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.