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

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

Description

A subcontractor, on written request for information from an owner, contractor, sub-contractor, surety, 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 subcontractor on the property.

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FAQ

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.

Yes, contractors and suppliers can file a mechanics lien on a homestead in Texas. However, they must meet additional requirements in order to retain their right to claim a lien. In order for anyone on the project to retain lien rights, the general contractor must provide the homeowner with a written contract.

The Texas Property Code outlines three broad categories of project participants who are entitled to file a mechanics lien claim: Parties who furnish labor or materials to an improvement of real property. Parties who specially fabricate materials. Design professionals (engineers, architects, surveyors)

Oral Contracts With Contractors Are Legally Enforceable You can sue a contractor for breach of contract, even without a written contract. Actually, the contractor can sue you as well.

What is an Invalid Lien? An invalid lien is a lien that was not properly filed against a project. The contractor who filed the lien is probably still owed money, but the lien affidavit was not properly perfected because the correct steps were not taken.

In Texas, original contractors (GCs), subcontractors, material suppliers, specialty material fabricators, design professionals, and landscapers all have the right to file a mechanics lien if they do not receive payment.

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.

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.

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.

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.

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