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The Intricacies of Filing a Mechanic’s Lien in Texas Part 3

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Suppliers have their own set of deadlines that must be met in order to properly file a mechanic’s lien in the State of Texas. In parts one and two of this four-part article, we discussed the points laid out by a Houston construction lawyer at Cotney Law in their presentation on mechanic’s lien laws in Texas.

Now, we will continue by detailing the requirements that suppliers must follow in order for their lien to be valid. While this discussion is detailed, it does not completely capture the complexity of the laws in play. Please consult with our team of Houston construction lawyers at Cotney Law before moving forward with your mechanic’s lien.    

Deadlines for Suppliers of Specially Manufactured Materials

Specially manufactured materials are materials that were specifically created for a project and cannot be repurposed for another project. For example, a window or door crafted to certain dimensions may not work for other properties. The deadlines for suppliers of specially manufactured materials are just as complex as they are for second- and third-tier contractors. They are as follows:

  • Notice Trigger: Last day of the month in which material orders were received or accepted
  • Non-Payment Notice Trigger: Last day of each month that materials provided were not paid for in full
  • Send Specially Manufactured Materials Notice: 15th day of the second month from that date material orders were received or accepted
  • Lien Trigger: Last day of last month that materials were provided
  • Filing Lien Affidavit: 15th day of the fourth month
  • Notices of Non-Payment of Lien Affidavit: 5 days after the filing of the Lien Affidavit

Follow this link to view our presentation detailing the above deadlines. As you can see, the deadlines that suppliers are up against are just as strict as they are for second- and third-tier contractors. As we’ll see in part four, even original contractors have their own set of hurdles to overcome. No matter what tier you fall under, it is in your best interest to partner with a Houston construction lawyer when filing a mechanic’s lien.

Join us in part four as we discuss the requirements to file against residential properties and conclude our discussion on filing mechanic’s liens in the State of Texas.

If you would like to speak with one of our Houston construction lawyers, please contact us today.

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.