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Texas Affidavit of Completion by Owner - Mechanics Liens - Individual

State:
Texas
Control #:
TX-04-09
Format:
Word; 
Rich Text
Instant download

Description

An owner may file an affidavit of completion after the project is completed as prima facie evidence of the date the work under the original contract is completed.


Definition and meaning

The Texas Affidavit of Completion by Owner - Mechanics Liens - Individual is a legal document used by property owners in Texas to confirm the completion of construction or improvement works. This affidavit serves to protect owners from potential mechanic's liens due to unpaid contractor services or materials. By filing this affidavit, owners assert that they have fulfilled their contractual obligations and that any claims or liens must be settled within the stipulated time frame.

How to complete a form

To complete the Texas Affidavit of Completion by Owner, follow these steps:

  1. Begin by providing your name(s) as the owner(s) of the property.
  2. Include the address of the improved property where the work was completed.
  3. State the name of the original contractor and their contact information.
  4. Specify the date of completion for the improvements.
  5. Sign and date the document in the presence of a notary public.
  6. Ensure that you have the affidavit acknowledged by a notary.

Who should use this form

This form is primarily for individuals or entities who own property and wish to file an affidavit of completion after construction or renovation has taken place. It is especially relevant for property owners who have employed contractors for improvement projects and want to protect themselves from any subsequent lien claims. Both residential and commercial property owners can utilize this form to affirm that their projects have been completed as agreed upon in the contract.

Key components of the form

The Texas Affidavit of Completion by Owner includes several crucial components:

  • Owner Information: Name and address of the property owner(s).
  • Contractor Information: Details of the original contractor who performed the work.
  • Property Location: Complete address of the improved property, including a legal description.
  • Date of Completion: The specific date when improvements were finished.
  • Notary Acknowledgment: A section for notarization to authenticate the affidavit.
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FAQ

Can I file a mechanics lien in Texas without a written contract? The general rule is that a contractor does not need a written contract to file a Texas mechanics liens. However, a written contract is required for all Texas mechanics lien claimants working on residential, homestead projects.

While they don't require lien filings to be notarized, they do require a lien filer to jump through various other hoops that, if not done properly, might cause your filing to be rejected or invalidated: Delaware.

In the event that the contract is breached and payment is not received, an affidavit for mechanics' lien may be filed to place a lien on the project.

The main purpose of a lien waiver is to provide protection to the paying party. In exchange for such payment, the lien waiver waives the payee's right to file a lien for the exact value of the payment they have received.

On residential projects, the deadline to file a Texas mechanics lien is the 15th day of the 3rd month after the month in which the claimant last provided labor or materials.

A lien is a claim or legal right against assets that are typically used as collateral to satisfy a debt. A lien could be established by a creditor or a legal judgement. A lien serves to guarantee an underlying obligation, such as the repayment of a loan.

While it's unlikely that just anyone can put a lien on your home or land, it's not unheard of for a court decision or a settlement to result in a lien being placed against a property.

Once filed and perfected, a mechanic's lien creates a security interest in the property for the amount the creditor is owed. The lien is not against the owner, it is against the owner's property.If there is more than one lien against the same property, the law determines the order in which each lien is paid.

A mechanic's lien can be filed by any person who provides labor, materials, machinery, fixtures, or tools for construction, repair, or improvement to a house, building, levee, or embankment. Most work that you would associate with home or commercial building is covered. §53.021(a); 53.023(1).

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Texas Affidavit of Completion by Owner - Mechanics Liens - Individual