If you missed the deadline to send a notice or file a lien claim for one specific month and you are still owed for more months after that, you may still qualify to file a lien claim. The deadline chart above will assist in guiding you through each month’s deadlines.
Related questions and answers
Sometimes, contractors are not aware that when they have a direct contract with the project owner, they are not required to send notices of intent to lien (or pre-lien notices). Original contractors have a constitutional right to file a lien directly without giving any notice to anyone. They do however, must file the lien no later than the 15th day of the 4th month after ANY the following events happened during the execution of the contract: a) Written Termination b) Abandonment of Project c) Settlement or; d) Completion of the Contract Unlike mechanic’s liens filed by subcontractors where they must file a lien per each month that goes unpaid, general contractors only need to file one lien claiming for one grand total owed. And must also send a copy of the recorded lien affidavit to the owner within 5 calendar days following the date the lien affidavit was recorded with the county clerk. Below is a chart with the deadline to file a lien for each month of the year. IMPORTANT, IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A LIEN WILL ALWAYS MOVE TO THE EARLIEST BUSINESS DAY.
ORIGINAL (GENERAL) CONTRACTOR CONSTITUTIONAL LIEN CHART OF TIME DEADLINES | ||
---|---|---|
Month of: a) Written Termination b) Abandonment of Project c) Settlement or: d) Completion of the Contract | PRIVATE COMMERCIAL PROJECTS | |
Notice To Owner | File Lien Affidavit By: | |
January | None | May 15th |
February | None | June 15th |
March | None | July 15th |
April | None | August 15th |
May | None | September 15th |
June | None | October 15th |
July | None | November 15th |
August | None | December 15th |
September | None | January 15th |
October | None | February 15th |
November | None | March 15th |
December | None | April 15th |
If you have been paid for the month you filed a lien on a property and you received the request to release the lien, then you should sign a lien release. However, if you are still owed for more months and filed a lien(s) for them as well, those liens should remain in place until the balance gets paid.
A bond can be considered as a promise made by a surety (insurance) to fulfill the obligation of payment according to the terms of a contract. Since liens are not allowed on publicly owned property. To protect contractors, the law provides for subcontractors, sub-subcontractors and suppliers to file claim against a bond furnished by the general contractor.
Yes, you do not have to leave your office to file your liens anymore. Texas Easy Lien now has the capability of notarizing and filing your documents online.
No. The Texas constitution only allows a general contractor and those who have a direct contract with the owner to assert a constitutional lien (this lien does not require sending written prelien notices). Subcontractors do not have a direct contract with the owner, therefore those construction liens are called Mechanic’s Lien Affidavit. Exception: If a subcontractor has a direct contract with the project owner, then it might be able to assert a constitutional lien against the project.