We will now conclude this four-part article by summarizing the deadlines and requirements for filing against a residential property as laid out in the comprehensive presentation by one of the Houston contractor attorneys at Cotney Law. To join the presentation and learn about these topics, please click here. We cannot stress enough how important it is that you consult with a Houston contractor attorney to ensure that your lien is filed timely and properly. The attorneys at Cotney Law are well versed in Texas lien laws and are up to the task of helping you secure payment on a project.
Deadlines for Filing Against Residential Properties
A residential property is a single-family home that is used by one or more adults as a dwelling. All of the previously mentioned deadlines in parts one, two, and three must be followed for filing a mechanic’s lien against a residential property. For all subcontractors and other applicable parties, the deadline to send a Notice of Non-Payment is now the 15th day of the second month. Additionally, all parties must file the Lien Affidavit by the 15th day of the third month.
Requirements for Original Contractors on Residential Projects
As previously mentioned in part two, a general contractor has additional steps to take when filing a mechanic’s lien in Texas. This includes having a Disclosure Statement and list of subcontractors and suppliers in the contract. Additionally, before taking final payment, you must send the owner a Final Bills-Paid Affidavit, which states that every party below you has been paid. Finally, a Disbursement Statement must be provided to the owner that includes the names and addresses of each subcontractor under the general contractor.
Failure to follow any of the requirements laid out in this four-part article could result in the lien being deemed invalid or fraudulent. The complex nature of Texas mechanic’s liens means it is imperative that you partner with a Houston contractor attorney when looking to secure payments. Please don’t let the strict deadlines of filing deter you from seeking what is owed to you.
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.