FREQUENTLY ASKED QUESTIONSGeneral Pre-lien Notice Lien Affidavit Bond Claim Lien Release Notary and Filing
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
A “Commercial (Public Works)” and/or “Public works project” is any project where the ultimate owner of the construction project is a governmental agency such as the federal, state or city government. Common examples of public projects are construction projects that include:• Sewers• Road & bridge construction• Government buildings• Schools• Universities• Government property• Public parks• Utility work (if publicly owned)• Bus stations
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/HospitalOther 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.
“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).
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.
No. Texas Easy Lien system is currently designed to prepare lien and bond documents for commercial and Texas government public projects.
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.
It is a lien derived from the Texas constitution and it is not subject to the statues of the Texas Property Code. This type of lien allows any original contractor or supplier under direct contract with the project owner, eliminates the requirement of sending written prelien notices for an unpaid claim.
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.