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Step One: Serve the Property Owner and the Original Contractor with a Notice of Claim within the statutory deadline. Step Two: Prepare and file the Lien Affidavit with the County Clerk's Office in the county where the Property is located within the statutory deadline.
Original contractors must file the lien affidavit by the 15th day of the fourth month (for commercial projects) or the third month (for residential projects) after the month in which the work was completed, terminated, or abandoned.
For the most part, all contractors, subcontractors, laborers, design professionals, materials suppliers, and equipment suppliers who provide labor or materials to a property in Texas are not required to have a written contract (a verbal contract is sufficient) to qualify for the right to file a lien.
Here are the steps you need to take to file a construction lien in Texas: Step 1: Send Notice of Intent to Lien. ... Step 2: Prepare and File the Lien Affidavit. ... Step 3: Serve the Lien on Interested Parties. ... Step 4: File Suit to Enforce the Lien.
Texas Property Code, Section 53.284, prescribes statutory language for Waiver and Release of Lien or Payment Bond Claims. Waivers for claims under a PRIME CONTRACT signed AFTER January 1, 2021, DO NOT need to be notarized.
Either way, your lien documents take minutes to prepare and file ? no lawyer needed! Here are samples of the documents we provide. Subcontractors are required to file a pre-lien notice either before or when they file a mechanic's lien.