general
Texas lien laws are notoriously complex and have numerous exemptions and variabilities. Texas Easy Lien provides a simplified version of the lien and bond laws and does not account for the multiple 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.
The Texas Property Code states that an architect, engineer, or surveyor who prepare plans or plats must have a written contract with the owner or the owner’s agent, trustee, or receiver in connection with the actual or proposed design, construction, or repair of improvements on real property or the location of the boundaries of real property can file lien on the property.
In other words, any designer who prepares plans or plats under or by virtue of a contract with someone other than the owner is not entitled to file a lien on a property.
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.
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 contractor or supplier under direct contract with the project owner, eliminates the requirement of sending written prelien notices for an unpaid claim.
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.
Subcontractor (1st tier) Lien Requirements | |||
---|---|---|---|
Chart of Time Deadlines | |||
Month of Activity | Private Projects | ||
Invoice | Prelien notice to Owner and Original Contractor | File Lien Affidavit | |
January | March 15th | April 15th | May 15th |
February | April 15th | May 15th | June 15th |
March | May 15th | June 15th | July 15th |
April | June 15th | July 15th | August 15th |
May | July 15th | August 15th | September 15th |
June | August 15th | September 15th | October 15th |
July | September 15th | October 15th | November 15th |
August | October 15th | November 15th | December 15th |
September | November 15th | December 15th | January 15th |
October | December 15th | January 15th | February 15th |
November | January 15th | February 15th | March 15th |
December | February 15th | March 15th | April 15th |
Sub-Subcontractor(3rd Tier) Lien Claim Requirements | |||
---|---|---|---|
Chart of Time Deadlines | |||
Month of Activity | Commercial (Private) Projects | ||
Invoice | Prelien Notice Letter | Lien Affidavit | |
January | March 15th | March 15th | April 15th |
February | April 15th | April 15th | May 15th |
March | May 15th | May 15th | June 15th |
April | June 15th | June 15th | July 15th |
May | July 15th | July 15th | August 15th |
June | August 15th | August 15th | September 15th |
July | September 15th | September 15th | October 15th |
August | October 15th | October 15th | November 15th |
September | November 15th | November 15th | December 15th |
October | December 15th | December 15th | January 15th |
November | January 15th | January 15th | February 15th |
December | February 15th | February 15th | March 15th |
No. Texas Easy Lien system is currently designed to prepare lien and bond documents for commercial and state public projects.
Condominiums and spec homes are only residential construction projects if they have been purchased by the person who is going to occupy them 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.
“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 directly between a builder and 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 construction projects rather than residential construction projects.
Generally the following projects actually qualify as residential construction projects:
• Custom home projects,
• Remodeling projects
• Pre-purchased home
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/Hospital
Other 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.
Currently, Texas Easy Lien provides help preparing bond claim documents only for State Public Projects. If you are owed in a construction project that is owned by a Federal Entity, we suggest you immediately consult with your lawyer to assert your rights.
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
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
No. You only have to pay if you want to print the documents you qualified for. How will my documents look like?