What defines a Residential Project?

› What defines a Residential Project?

“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).

Where do I file a lien on a project?

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

What is a Public Project?

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

I did not qualify for a lien – what now?

The Texas Easy Lien system provides a simplified version of the lien and bond laws and does not account for numerous exceptions that may exist. If you did not qualify for a lien or bond with Texas Easy Lien, you should immediately consult with your lawyer because you might still qualify to file a lien or assert a bond claim.

Do I have to send a Pre-lien Notice Letter for every month I perform work on a project?

It is recommended to send notice for every month you perform work in the event of non-payment. Since the deadlines in Texas laws are strict and relatively narrow. It is very important for Subcontractors and Sub-subcontractors (1st and 2nd Tier contractors) to send notice of outstanding invoices for each month as soon as possible to protect their right to file a lien claim. It is a low cost letter that could prevent expensive litigation costs in the future.

What information do I need to get a lien release?

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.