No. Only subcontractors, sub-subcontractors and suppliers who do not have a direct contract with the project owner are required to send a Pre-lien Notice Letter (for each month that is unpaid) before filing a mechanic’s lien affidavit with the county.

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.

After the claim has been sent to the General Contractor and Bond Company, you cannot file suit on a bond claim for the first sixty days (60). If, however, you are unable to settle your dispute within that time, you must file a lawsuit against the bond before the expiration of one (1) year from the filing date of the bond. If you fail to file suit within this time period, your claim against the bond will expire.

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.

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.