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Simple Answers to Complex Questions.

get answers to all your lien and bond related questions.

What do I need to file a construction lien?

To prepare a lien affidavit, you will need the general information of the project and your contract. Below is a list of most of the information that is most needed to file a lien.• Project Information: Owner, name of project, common address (or legal property description), county where the project is located.• For Subcontractors: Name (or company name) and mailing address of the General (Prime) Contractor.• For Sub-subcontractors: It is not required but preferred to have the name and mailing address of all Subcontractors involved in the contract chain.• Work: Invoice dates, description of the unpaid work performed and the amount owed per each individual month.

What is the legal description of a property and where do I find it?

The legal description is a record of the real property (piece of land) that contains information that clearly identifies it such as property dimensions and boundaries. This description can be written in a few different forms and will typically appear on sales contracts and the property deed.If it is not printed in the contract or blueprints, it can be found in the “Property Search” section of each individual county.Instructions on how to find the legal description of a property

Who can file a Construction Lien?

Any person or company who provides labor, materials, equipment and supplies to a project and has not received payment for the work performed is entitled to file a lien on a property.Note: Landscapers, Landscape materials suppliers and those who furnishes labor or materials for, the demolition of a structure on real property, must have a written contract to file a lien.

How to find the legal description of a property?

The county appraisal district websites are free and can provide you with the project owner’s name, mailing address, and legal description of the property. Make sure to search the real property records and not the business/personal property records.To locate a county appraisal district website search online by typing (county name) Texas tax appraisal district website. For example: “Harris County, Texas, tax appraisal district website” or “Harris CAD.” Then select their “Property Search” link and enter owner’s name and/or street address to search for property information. Make sure you have identified the correct legal name of the owner of the property, it could also be a company name. Finding property information in the tax appraisal websites is sometimes difficult and although having the legal description in the lien documents is preferred, if you know the actual street address of the project, you may use that instead and your lien will still be valid. 

Is the project owner the same as the property owner?

No, they are not necessarily the same. The project owner is who hired the general contractor and/or subcontractors to perform labor or services to a construction or repair project and whose name is in the contract. This person or entity could be only leasing the property you are working on and not really own it.

What if my contract is NOT directly with the owner of the property?

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.

Can I file a lien if my contract is with who is leasing or renting the property?

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.

What should I do if the contract is with someone who is renting or leasing the property?

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.