Houston Texas Construction or Mechanics Lien Package - Corporation or LLC

State:
Texas
City:
Houston
Control #:
TX-P091A-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package is designed to assist the corporation or limited liability
company who provides labor, materials or services to improve real property
in recovering money owed through a lien on the improved property. This
package includes (1) Information about the Construction or Mechanics Lien
Procedure, (2) Forms List, (3) Description of Forms, (4) Tips on completing
the forms using form fields, (5) Forms, and (6) Access to a Law Summary for
your state. This package does NOT include forms for the owner of the
improved property.



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  • Preview Texas Construction or Mechanics Lien Package - Corporation or LLC
  • Preview Texas Construction or Mechanics Lien Package - Corporation or LLC
  • Preview Texas Construction or Mechanics Lien Package - Corporation or LLC
  • Preview Texas Construction or Mechanics Lien Package - Corporation or LLC
  • Preview Texas Construction or Mechanics Lien Package - Corporation or LLC
  • Preview Texas Construction or Mechanics Lien Package - Corporation or LLC
  • Preview Texas Construction or Mechanics Lien Package - Corporation or LLC
  • Preview Texas Construction or Mechanics Lien Package - Corporation or LLC

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FAQ

Contractors can file a lien on a property without a written contract in most cases. However, if the project in question is on a residential homestead property, a written contract must be filed in the local property records and is required to enforce mechanic's lien filing rights.

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.

For a residential construction project, you must file the lien affidavit no later than the 15th day of the 3rd month after the day the indebtedness accrues. Indebtedness accrues on the last day of the month when the original contract is (a) terminated, (b) completed, (c) finally settled, or (d) abandoned.

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)

If contractors and suppliers don't get paid on a construction project in Texas, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.

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.

How much does it cost to file a mechanics lien in Texas? Generally, filing a mechanics lien in Texas costs $26.00 for the first page and an additional $4.00 for every additional page.

Mechanic's liens only expire if the person who filed it does not file a lawsuit foreclose within the one year or two-year deadline, depending on whether it is a commercial or residential project.

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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Houston Texas Construction or Mechanics Lien Package - Corporation or LLC