Harris Texas Contractor's Response to Request for Information from Subcontractor, etc. - Mechanics Liens - Individual

State:
Texas
County:
Harris
Control #:
TX-03B-09
Format:
Word; 
Rich Text
Instant download

Description

A contractor, on written request for information from a subcontractor, etc., shall furnish the requested information within a reasonable time, but not later than the 10th day after the date a request is received, to any person furnishing labor or materials for the project. This form is for an individual contractor on the property.

How to fill out Texas Contractor's Response To Request For Information From Subcontractor, Etc. - Mechanics Liens - Individual?

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FAQ

All of this language is a bit dense, but essentially, anyone who has an agreement to improve property with you directly, or an agreement with another contractor who has such an agreement with you, can file a lien if left unpaid. This commonly includes contractors, subcontractors, and material suppliers.

One-Year Statute of Limitations ? The original statute of limitations to foreclose on a mechanic's lien was one (1) year for residential projects and two (2) years for commercial projects. Now, it is one (1) year regardless of whether the project is commercial or residential.

Remedial Bonds Under Section 53.171 of the Texas Property Code: Under Section 53.171(c) of the Texas Property Code, a mechanic's lien can be discharged with a bond even after the dispute has arisen and the lien has been filed. The bond must be substantially higher than the lien amounts.

In order to have a valid mechanics' and materialmans' lien on a homestead in Texas, there must be a written contract between the original contractor and owner, signed by both spouses (if property is owned by a married coupled) and filed with the county clerk prior to any work being done on the homestead.

Residential projects Direct contractors must file their lien no later than the 15th day of the 3rd month after the month their contract was completed, terminated, or abandoned.

Persons entitled to lien are expanded to include a licensed architect, engineer or surveyor providing services to prepare a design, drawing, plan, plat, survey or specification. A subcontractor now includes one who furnishes labor or materials to the original contractor or to a subcontractor.

There are three general steps to file a mechanics lien in Texas: Fill out the appropriate Affidavit of Lien form. Deliver your lien form to the county recorder office. Serve your lien on the property owner.

In Utah, an action to enforce a mechanics lien (both pre-construction or construction) must be initiated within 180 days of the date on which the Notice of Lien was filed.

For the most part, all contractors, subcontractors, laborers, 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 agreement is sufficient) to qualify for the right to file a lien.

In Texas, the lien period is described as ?on the 15th day of the month three months after the last month the claimant performs work?. (Three months for residential, four for non-residential) The deadline to file a lien is not extended if the 15th falls on a Saturday, Sunday, or legal holiday.

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Harris Texas Contractor's Response to Request for Information from Subcontractor, etc. - Mechanics Liens - Individual