Yes. If you think about it, you could get paid the balance of one month but not others. Then you would be required to release the lien for the amount that was paid but would have lost your rights for the other months.
It is always better to secure your rights in all forms possible by using the tools created to protect you.
Related questions and answers
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.
If the general (prime) contractor did not provide the bond information at the time of entering into the contract, you should request it verbally or on writing as soon as possible. Bond claims and liens have very similar deadlines and requirements having all the necessary information at hand is of utmost importance. If you still don’t get the bond information, in most cases you can get it requesting it to the project owner. If you have the bonding company information but not the bond number, you can still file a bond claim.
“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).
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.
No, you do not need to have a written contract to file a bond claim. The content of the claim will change depending if you have a written or an oral agreement and the documents prepared by Texas Easy Lien provide the required information.