How to file a lien?

on how to file a lien on a property in Texas

HOW DO I FILE A CONSTRUCTION LIEN?

How to File a Lien on
Property in Texas.

We understand how overwhelming and stressful can be filing a lien on a property in Texas. Due to the complex lien laws of Texas, they have historically been created and filed by attorneys, but now you can do it yourself with our automated process. We walk you through the process step-by-step, it is so easy.

First things first – No matter what document you create, you will need the basic information of the project you are working or have worked on. Below is a list of information you will need that will make your experience easier.

filing a lien on a property in texas

To file a lien claim, you will need:

Project owner’s name (or company name if it is the case) and last
known mailing address;

Project name and address including county (and the legal description, if possible);

The amounts owed for each individual month you performed your work

The description of the work itself.

General (original) contractor’s name and last known mailing address (if you are a subcontractor or sub-subcontractor)

Additionally, Sub-subcontractors need to have the name and mailing address of every subcontractor involved above them.

Filing a Lien in Texas

Depending on the role you have in the project, you might be required to send Prelien Notices before filing a lien affidavit. Contractors or suppliers who have a direct agreement with the project owner are not bound to these rules and can file a materialmen’s lien affidavit without having to send notice. Subcontractors and sub-subcontractors have to send a prelien notice letter. The prelien notice letter may be sent at the same time the lien affidavit is filed.

1

Create and print a Prelien Notice, sign and mail to the project owner and the general (prime) contractor.

If the debt is not paid after sending notices to the project owner and the general (prime) contractor, a mechanic’s lien affidavit should be filed before your lien deadline expires.

2

Create and print the mechanic’s lien affidavit, sign, notarize and personally file it with the County Property Records where the project is located.

3

Mail a copy of all documents to the project owner and the general (prime) contractor.

All these documents are bound by deadlines and through our simplified automated process, we will help you calculate if filing a lien on a property is an option for you.

filing a mechanics lien

Filing a Bond Claim

If you are working and are owed on a government Public Works project, a bond claim is the document that should be filed. Liens are not allowed on public owned property so General Contractors must have a bond for the benefit of its subcontractors and sub-subcontractors.

filing a lien in texas

To file a bond claim you will need:

Project name and address

Name and mailing address of the surety (bonding company) and the bond number. If you do not have this information from the general contractor, the project owner should be able to can provide you the bond information by phone or email;

General contractor’s name and last known mailing address.

Bond claimants are also required to send notices, depending on your role in the project, these notices have different deadlines.

The bond claim should be accompanied of a Sworn Statement of Account. We will provide you with all the required documents including step by step instructions.

1.

Create, print and sign the Notice of Bond Claim and Sworn Statement of Account;

2.

Notarize the Sworn Statement of Account;

3.

Print and include copies of the written invoices, payment applications, contract, and draw requests.

4.

Mail all documents to the original (prime) contractor and Bond (surety) company.