Simple Answers to Complex Questions.

Deadlines for bond claims are much like those for liens. Subcontractors, sub-subcontractors, and suppliers must send a notice of bond claim with a sworn account statement by the 15th day of the third month after the work or material delivery month. These documents should be sent to both the Surety Company and the General Contractor. The charts below categorize contractors and outline necessary documents and submission deadlines.NOTE: IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A VALID LIEN WILL EXTEND TO THE NEXT BUSINESS DAY AFTER THAT WEEKEND OR HOLIDAY.Sub-subcontractors and suppliers without a direct contract with the prime contractor (those on the second tier and below) must first send a notice only to the general (prime) contractor by the 15th day of the second month after the work was done. This notice can be copies of your unpaid invoices along with a signed cover letter indicating the outstanding amounts. You don't need to provide a sworn statement of account with this notice.

The dates and deadlines related for lien claims are based off the month and year in which the work was actually performed. The invoice date and company accounting methods are irrelevant in these cases.
Additionally, to qualify to file a lien claim on a property for a commercial project, the subcontractor or supplier, is required to send the invoice or request payment by the 15th day of the second month after the month the work was performed.
A subcontractor who has a direct contract with the General Contractor is called a Tier 1 Subcontractor. The chart below shows the deadline to send Invoices, Pre-lien Notice Letter and Lien Affidavit for private commercial projects for Tier 1 Subcontractors:

FOR CLAIMS RESULTING FROM A CONTRACT SIGNED BEFORE DECEMBER 31^ST, 2021
IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A VALID LIEN WILL BE THE EARLIEST BUSINESS DAY.

FOR CLAIMS RESULTING FROM A CONTRACT SIGNED AFTER JANUARY 1^ST, 2022
IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A VALID LIEN WILL EXTEND TO THE NEXT BUSINESS DAY AFTER THAT WEEKEND OR HOLIDAY.

This is an important issue that is often misunderstood. The dates and deadlines related for lien and bond claims are based off the month and year in which the work was actually performed. The invoice date and company accounting methods are irrelevant for these claims.The important issues are when the work was actually performed and the value of the work for each individual month.A helpful example? Assume that a contractor completed a three-month painting project that lasted from January to March. The contractor would need to separately identify the value of the work performed for January, February, and March. It would not matter if only one invoice was issued at the end of the project.The deadlines will vary depending on the type of document and the type of contractor or supplier. General deadlines can be found in the chart below.

FOR CLAIMS RESULTING FROM A CONTRACT SIGNED BEFORE DECEMBER 31^ST, 2021
IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A VALID LIEN WILL BE THE EARLIEST BUSINESS DAY.

FOR CLAIMS RESULTING FROM A CONTRACT SIGNED AFTER JANUARY 1^ST, 2022
IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A VALID LIEN WILL EXTEND TO THE NEXT BUSINESS DAY AFTER THAT WEEKEND OR HOLIDAY.

The deadline to file a mechanic's lien depends on a contractor's role and the type of project.For Commercial Projects (Private), the following charts specify the required documents and the last date to submit them.We have separated the charts by type of contractor. It is essential to know that the last day to file or submit a lien document is always the 15^th day of every month.

FOR CLAIMS RESULTING FROM A CONTRACT SIGNED BEFORE DECEMBER 31^ST, 2021
IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A VALID LIEN WILL BE THE EARLIEST BUSINESS DAY.

FOR CLAIMS RESULTING FROM A CONTRACT SIGNED AFTER JANUARY 1^ST, 2022
IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A VALID LIEN WILL EXTEND TO THE NEXT BUSINESS DAY AFTER THAT WEEKEND OR HOLIDAY.

A Mechanic’s Lien Affidavit is a document used by contractors, suppliers, and any person that is not getting paid for the labor, services or materials delivered to a construction project. A mechanic’s lien, protects claimants by asserting rights against the actual real property (real estate) for the unpaid work or services performed on that specific property.  Depending on where you are located, a Mechanic’s Lien Affidavit can also be referred as “Project Lien”, “Construction Lien” and even “Contractors Lien”.

“Residential Construction Project” is very narrowly defined. It is a project for the construction or repair or remodel of a residence that includes an agreement with an owner. The term ‘owner’ refers to a person or persons who are actually going to own and occupy the property.Due to the narrow definition of Residential Construction Project, most projects qualify as commercial or private construction projects rather than residential projects.Generally the following projects do qualify as residential construction projects:

• Custom home projects (only if the home is already owned by the person who will occupy it),
• Remodeling projects (only if the owner actually resides in that property),
• Additions to an existing home (only if the owner actually lives in that property),
• Pre-purchased homes (a home that at the time of construction, was owned by the person who will live in it).

Also known as Pre-Lien Notice, Second Month Notice Letter, Third Month Notice Letter or Notice Letter, a Pre-lien Notice Letter is a notice that Contractors, Subcontractor and Sub-subcontractors and Suppliers are required to send to the construction project owner and general contractor to establish the right to file a lien in the event of non-payment.The purpose of these notices are to inform the owner that a subcontractor has performed work or supplied materials that have not been paid. By giving notice, the project owner is allowed to retain payment from the general contractor.These notices are bound by specific deadlines depending on the type of construction project and type of contractor. However, it is recommended that subcontractors send notice as soon as the amount owed is due so the project owner can withhold the debt amount prior to releasing the payment to the general contractor.

The cost to have Texas Easy Lien notarize and file your document with the county is $73.00 (this cost is in addition to your original document preparation cost). This amount covers the filing fees charged by the counties, as well as notary charges.

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 Terminationb) Abandonment of Projectc) Settlement or;d) Completion of the ContractUnlike 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.