It is a lien derived from the Texas constitution and it is not subject to the statues of the Texas Property Code. This type of lien allows any original contractor or supplier under direct contract with the project owner, eliminates the requirement of sending written prelien notices for an unpaid claim.
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No. Unfortunately Texas Easy Lien currently is designed to create bond claim documents only for projects owned by the State of Texas.
If you are unable to settle your dispute, you must seek the assistance of an attorney and file a lawsuit. Your lien rights will generally expire if a lawsuit to foreclose is not filed within 2 years of the last day you were able to file a lien under the rules, or within 1 year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later.
To prepare a bond claim, you will need the general information of the project and your contract. Below is a list of some of the necessary information: • Project Information: Owner, name of project, common address (or legal property description); • Contract: Name (or company name) and mailing address of the General (Prime) Contractor, amount, retainage amount and type of agreement; • Bonding company (surety): Name, address and bond number; • Work: Invoices, description of the unpaid work performed and the amount owed per each individual month.
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.
A “Commercial (Public Works)” and/or “Public works project” is any project where the ultimate owner of the construction project is a governmental agency such as the federal, state or city government. Common examples of public projects are construction projects that include: • Sewers • Road & bridge construction • Government buildings • Schools • Universities • Government property • Public parks • Utility work (if publicly owned) • Bus stations