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Different contractors have different terms to file mechanic’s lien in Texas

Posted by John A. Hixson | Nov 18, 2014 | 0 Comments

In the state of Texas, mechanic liens need to be filed in a certain time frame. There are also different contractors eligible to file a mechanic's lien and time limitations, and procedures differ for each group.

Original or general contractors are the ones who deal directly with the property owner. Their affidavits need to be filed by the 15th day of the fourth month after the contract was terminated, work was finished, or the site was abandoned. The liens also have to be filed with the clerk in the county where the work was performed.

First-tier subcontractors are individuals who have agreed to terms to do work on the property with the original contractor. First-tier subcontractors need to send a certified letter to the original contractor for unpaid services in the same time frame, by the 15th day after the fourth month of service.

Second-tier subcontractors do not have any type of dealing with the original contractor. Their agreements are arranged with the first-tier subcontractors. They must follow the same guidelines as first-tier subcontractors but must also send the original contractor a preliminary notice before filing a lien. That preliminary notice must be sent before the 15th day of the second month in which they supplied labor or materials.

Liens can also be filed by material suppliers. Any first-tier fabricators must provide the property owner with notice by the 15th day of the second month after the order for materials were received. An affidavit must then be filed by the 15th day of the fourth month after materials were received or from the time the contract was breached.

There are many steps to take before actually filing an affidavit for a lien and then there is another process that comes afterward. No matter what kind of contractor you are, Hixson Law Firm can help with your mechanic's lien or construction project dispute. Contractors in Arlington, Mansfield and Grand Prairie can lean on our experience to walk you through every part of the process and help find the best possible outcome for you.

About the Author

John A. Hixson

John Hixson practiced as corporate counsel for five years in the construction and real estate industries before starting the Hixson Law Firm. Since 1988, he has practiced as a sole proprietor in Arlington, Texas, focusing his practice on civil law matters.

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