The project owner is who hired the general contractor and/or subcontractors to perform labor or services to a construction or repair project. If this person or company does not own the property but is only leasing or renting it, this is still the person you must list as the project owner. However, the real owner of the property should also receive copies of all documents since the lien will be attached to this person’s property.

All lien affidavits (construction liens), Sworn Statement of Accounts (document attached to a bond claim), and lien releases must be notarized and filed. Bond Claim Sworn Statement of Accounts are filed with the Surety Company on record, and they should be mailed via Certified Mail with Return Receipt Requested.

“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).

The Texas Property Code states that an architect, engineer, or surveyor who prepare plans or plats must have a written contract with the owner or the owner's agent, trustee, or receiver in connection with the actual or proposed design, construction, or repair of improvements on real property or the location of the boundaries of real property can file lien on the property. In other words, any designer who prepares plans or plats under or by virtue of a contract with someone other than the owner is not entitled to file a lien on a property.

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.