Condominiums and spec homes are only residential construction projects if they have been purchased by the person owner who is going to occupy them live there before the beginning of construction.
In other words, if the owner of a lot hires a contractor to build a house but is not going to live there, then it is considered to be a commercial construction project. But if the owner of the lot will actually live in the house under construction, then it is considered to be a residential construction project.
Related questions and answers
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 15th day of every month.
FOR CLAIMS RESULTING FROM A CONTRACT SIGNED BEFORE DECEMBER 31ST, 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 1ST, 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.
Original (General) Contractor - Constitutional - Mechanic’s Lien Requirements | |||
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Chart of Filing Deadlines | |||
Month of: a) Written Termination b) Abandonment of Project c) Settlement or: d) Completion of the Contract | Commercial Projects (Private) 🔗 | ||
Pre-lien Notice to Property Owner is Not Required |
File the Lien Affidavit On or Before: | ||
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 |
Subcontractor (1st Tier) Lien Requirements | |||
---|---|---|---|
Chart of Filing Deadlines | |||
Month of Activity | Commercial Projects (Private) 🔗 | ||
Send Invoice by: | Send Pre-lien Notice to Property Owner and Original Contractor by: |
File the lien by the following date OR within 30 days after the overall project is complete**. | |
January | March 15th | April 15th | May 15th |
February | April 15th | May 15th | June 15th |
March | May 15th | June 15th | July 15th |
April | June 15th | July 15th | August 15th |
May | July 15th | August 15th | September 15th |
June | August 15th | September 15th | October 15th |
July | September 15th | October 15th | November 15th |
August | October 15th | November 15th | December 15th |
September | November 15th | December 15th | January 15th |
October | December 15th | January 15th | February 15th |
November | January 15th | February 15th | March 15th |
December | February 15th | March 15th | April 15th |
IMPORTANT:
**You can file a lien affidavit 30 days after completing the overall project only if you sent the pre-lien notice for that specific month on time.
|
Sub-subcontractor (2nd Tier) Lien Requirements | |||
---|---|---|---|
Chart of Filing Deadlines | |||
Month of Activity | Commercial Projects (Private) 🔗 | ||
Send Invoice by: | Send Pre-lien Notice to Property Owner and Original Contractor by: |
File the lien by the following date OR within 30 days after the overall project is complete**. | |
January | March 15th | April 15th | May 15th |
February | April 15th | May 15th | June 15th |
March | May 15th | June 15th | July 15th |
April | June 15th | July 15th | August 15th |
May | July 15th | August 15th | September 15th |
June | August 15th | September 15th | October 15th |
July | September 15th | October 15th | November 15th |
August | October 15th | November 15th | December 15th |
September | November 15th | December 15th | January 15th |
October | December 15th | January 15th | February 15th |
November | January 15th | February 15th | March 15th |
December | February 15th | March 15th | April 15th |
IMPORTANT:
**You can file a lien affidavit 30 days after completing the overall project only if you sent the pre-lien notice for that specific month on time.
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It is important to know the name of the registered agent or legal representative of the company. If this name is not found, the copies of the lien documents should be sent to the company with attention to the person you know has the highest position.
Nothing. Texas Easy Lien will have access to your documents once they are notarized, and we will file them with the county for you.
To prepare a prelien notice, a lien affidavit or bond claim document, you will need the general information of the project and contract. Other information will also be necessary and it will depend on what type of document you need and your role in the project. Information required
Yes, as long as the county you are filing with accepts it. However, some counties have moved to accept filing electronically only (due to social distancing requirements). Others do not accept filings by mail, only in person. It is best to call the county records office and verify which method is accepted before considering doing it in person. If you are considering filing by mail, we suggest doing so with enough time before the deadline to avoid the risk of having your lien rejected or invalidated.