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.
Related questions and answers
The County Property Records Office assigns a “Document number” to the lien previously recorded. This number must be included in the document along with the project address (and/or legal property description), the name and company information of the entity that had the lien filed and is now removing. If you created the lien affidavit with Texas Easy Lien, you will just need your Document number to create your lien release, all other information required has been saved with your project.
A “Commercial Project (Private)” is any construction project that is not a residential project such as an office building, hospital, church, or store. This definition may include the construction of a tract home or multi family or condominium buildings. • Office Building • Apartment Complex • Duplex • Fourplex • Store • Car Dealership • Church • Spec Home • Subdivision Construction • Coffee Shop • Medical Complex/Hospital Other examples of commercial projects include: tract or pre-designed (spec) homes, apartments, condominiums that have not yet been purchased, dormitories, hotels, nunnery, nursing homes, assisted living, and other living space which is not actually owned by the person who is going to occupy it.
It is the document where a subcontractor, sub-subcontractor or supplier is stating that the job agreed in a contract (oral or written) has been completed and the payment has not been made. The surety (bonding company) is now liable for such debt. Bond claims are required to send a notice that includes a sworn statement of account, which must also be notarized. Both documents are included when you prepare the bond claim with texaseasylien.com.
A bond can be considered as a promise made by a surety (insurance) to fulfill the obligation of payment according to the terms of a contract. Since liens are not allowed on publicly owned property. To protect contractors, the law provides for subcontractors, sub-subcontractors and suppliers to file claim against a bond furnished by the general contractor.
This is an important issue that is often misunderstood. The dates and deadlines related for lien and bond claims are based off the month and year in which the work was actually performed. The invoice date and company accounting methods are irrelevant for these claims. The important issues are when the work was actually performed and the value of the work for each individual month. A helpful example? Assume that a contractor completed a three-month painting project that lasted from January to March. The contractor would need to separately identify the value of the work performed for January, February, and March. It would not matter if only one invoice was issued at the end of the project. The deadlines will vary depending on the type of document and the type of contractor or supplier. General deadlines can be found in the chart below.
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 | |||
---|---|---|---|
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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