In this two-part series, the Houston construction lien attorneys at Cotney Law are discussing a few topics related to mechanic’s liens. In the first section, we focused on the issue of lien priority and which construction professionals have a right to file a lien against a property. In this section, we will discuss a few critical elements when filing a notice that will help you verify your lien’s validity. Remember, if you are owed compensation by an owner, a Houston construction lien attorney can assist you.
Filing a Notice
It’s important that construction professionals understand that when they want to perfect a lien, this is a time sensitive situation that requires urgent action. If you are seeking payment from an owner, but they refuse to compensate you for the work you performed, you should contact a Houston construction lien attorney.
Here is some more information on filing a notice:
General Contractor: Although the general contractor isn’t required to file a notice to the owner before perfecting a lien, they must file a lien affidavit with the county they performed the work in. General contractors have up to four months from the time the contract was breached to submit a lien affidavit. This notice must be filed by the 15th day of the month. Although the contractor doesn’t have to provide a notice of a lien to the owner, they must present the owner with a notice that the affidavit was filed with the county.
Subcontractors: For subcontractors and suppliers that entered a contract directly with the general contractor, they have up to three months after the work was completed to file a lien against the property. This notice must be presented by the 15th day of the month. In order to file a lien affidavit, the same requirements are necessary for subcontractors and the general contractor.
Sub-subcontractors: The most time-sensitive lien filing process is for the lower tier of sub-subcontractors and their suppliers. These subcontractors must file a notice by the 15th day of the second month after work was completed. As it is with the general contractor and subcontractor, the sub-subcontractors have up to four months to file a lien affidavit with the county.
If you performed work for an owner and have not been compensated, it is critical that you consult with an attorney that can assist you with perfecting a lien against the property owner. An experienced Houston construction lien attorney can make certain that you file your lien in time and also provide you with all of the necessary information you need to receive payment.
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.