Simple Answers to Complex Questions.

Only contractors who have a direct agreement with the project owner can file a lien on a property without sending notice first.

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.

If you are unable to settle your dispute, you must seek the assistance of an attorney and file a lawsuit.Your lien rights will generally expire if a lawsuit to foreclose is not filed within 2 years of the last day you were able to file a lien under the rules, or within 1 year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later.

We do not recommend filing a copy of your invoices in the Property Records with your Lien Affidavit. However you must retain copies of them as you may require them in the future.

Lien Affidavits must be filed in the Property Records Office of the county where the project is located.

Texas Property Code Chapter 53 states that only those who are filing a lien as landscapers, landscape materials supplier, demolition service providers and professional designers must have a written contract with the owner or the owner’s agent. However, it does not provide an exemption for them to file as contractors or any other subcontractor or supplier.

No. The notices do not need to be notarized and should only be mailed to the Project Owner and the General Contractor through the U.S. Postal Service. However, they must be sent Via Return Receipt Requested (RRR) and the sender should retain the receipt as proof.Texas Easy Lien also recommends to all sub-subcontractors (2nd Tier contractors) to send a copy of these notices to all subcontractors above involved.

Yes. You do not have to wait any number of days to file a lien affidavit after you have sent your required pre-lien notices. Many notices and liens are mailed and filed the same day. If you have concerns you will not get paid until you enforce a lien on the property you can always execute both documents at the same time.

If you get paid after filing a lien on a property, you will very likely be requested to “remove the lien” or sign a lien release. The lien release demonstrates that the debt was fully paid or was settled. The lien release must be filed with the County Property Records where the original lien affidavit was filed and signed by the entity who filed the lien in the first place.After receiving the written request for a lien release, the contractor is required to either file or send the lien release to the project owner within ten (10) days.

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.