Contractors, subcontractors, and material suppliers in the Lone Star State have their work cut out for them when it comes to filing a mechanic’s lien. This is due, in part, to the state’s complex rules regarding the deadline for filing a lien, which varies depending on which of the above three roles you fall into. In this brief article, a Houston construction lien attorney at Cotney Law will be discussing the various deadlines for filing a mechanic’s lien in Texas and how they apply to you.
If you contract directly with the owner or their agent, you are known as the general contractor. For general contractors, the deadline is triggered with the filing of a lien affidavit, which must be sent by the 15th day of the fourth month after the lien trigger, which is the last day of the last month that the project was completed, finally settled, terminated, or abandoned. The lien must be filed by the end of this four-month period.
Subcontractors and Suppliers
The deadlines laid out above also apply to subcontractors and suppliers, with a few caveats. General contractors only have one notice to send, the lien affidavit. Subcontractors have to send out a notice to the owner and general contractor every month that they don’t receive payment. Suppliers will need to send a Specially Manufactured Materials Notice by the 15th day of the second month from the date that the materials were supplied.
The deadlines described above apply to liens filed against commercial projects. While all of the steps are the same, the deadline is a bit different to file a lien on a residential property. Mainly, the lien affidavit must be sent by the 15th day of the third month, which shaves a full month off the time you have to file a mechanic’s lien.
When you account for the additional notices, statements, and affidavits that may also need to be submitted, it’s clear that it’s not feasible to file a mechanic’s lien in the State of Texas without the aid of an attorney. Navigate the veritable maze that is filing a mechanic’s lien with the help of a Houston construction lien attorney at Cotney Law.
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.