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.

Texas Property Code indicates that a lien release should be filed with the County Property Records Office after the claim has been paid and no later than ten (10) days after the written request has been received. In other words, time does not start until the request to release a lien has been sent to the contractor/supplier in writing. You must also make sure all the checks given to you have been cleared and the debt is 100% satisfied before signing the lien release.

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.

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

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