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No. The Texas constitution only allows a general contractor and those who have a direct contract with the owner to assert a constitutional lien (this lien does not require sending written prelien notices). Subcontractors do not have a direct contract with the owner, therefore those construction liens are called Mechanic’s Lien Affidavit.
Exception: If a subcontractor has a direct contract with the project owner, then it might be able to assert a constitutional lien against the project.
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.
The dates and deadlines related for lien claims are based off the month and year in which the work was actually performed. The invoice date and company accounting methods are irrelevant in these cases.
Additionally, to qualify to file a lien claim on a property for a commercial project, the subcontractor or supplier, is required to send the invoice or request payment by the 15th day of the second month after the month the work was performed.
A subcontractor who has a direct contract with the General Contractor is called a Tier 1 Subcontractor. The chart below shows the deadline to send Invoices, Pre-lien Notice Letter and Lien Affidavit for private commercial projects for Tier 1 Subcontractors:
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.
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.
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.
After answering the questions needed to create your document, you will add the notary and e-filing services to your shopping cart before checking out. When you have selected the e-notarize service, Texas Easy Lien will email you with further instructions and a secure link to access the e-notarize site. YOU WILL NEED ACCESS TO A CAMERA AND A VALID I.D. FOR THESE NEXT STEPS - After creating an account with the e-notarize site, you will be remotely connected with the notary that already has your documents. After answering the required questions to verify your identity and location, your document will get signed and stamped digitally by the notary and be emailed back to you. The document(s) will also be stored in your Texas Easy Lien dashboard and available to be printed as many times as you need. Once e-notarized, Texas Easy Lien will be notified and file the notarized document for you on the date you selected in your questionnaire. We will email you a copy of the recorded document once it is filed.