WHO MAY CLAIM One who under a contract with the owner or the owner’s agent, trustee, receiver, contractor, or subcontractor furnishes labor or materials to construct, repair, or demolish an improvement or specially fabricates material. Includes architects, engineers, and surveyors. TX PROP § 53.021 DEADLINE TO PERFECT Deadline to file for an original contractor depends on whether residential construction project: • Residential Project: by the 15th day of the third calendar month after the month in which the original contractor’s work was completed, terminated, or abandoned TX PROP § 53.053 • Other: by the 15th day of the fourth calendar month after the month in which the original contractor’s work was completed, terminated, or abandoned Deadline for other than an original contractor on a residential construction project is by the 15th day of the third calendar month and for other than residential is by the 15th day of the fourth calendar month after the later of: • the month the claimant last provided labor or materials; or • the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered. TX PROP § 53.052 BROKEN PRIORITY Lien attachment date depends on lien claimant: • Architect, engineer, surveyor, landscaping professional, demolition professional: date of recording of affidavit • Others: date of first visible commencement of construction of improvements or delivery of materials TX PROP § 53.124 DURATION OF LIEN Deadline to enforce is not later than 1 year after the last day a claimant may file the lien affidavit, unless extended to not later than 2 years by written agreement with the record owner. TX PROP § 53.158 CONTENTS OF LIEN (1) Sworn statement; (2) amount of the claim; (3) name and last known address of reputed owner; (4) general statement of the kind of work done and materials furnished by claimant (if not original contractor, a statement of each month in which the work was done and materials furnished for which payment requested); (5) name and last known address of the person by whom the claimant was employed or to whom materials or labor furnished; (6) name and last known address of the original contractor; (7) description of property legally sufficient for ID; (8) the claimant’s name, mailing address, and, if different, physical address; and (9) for claimant other than an original contractor, a statement identifying the date that each notice of the claim was sent to the owner and the method by which the notice was sent. Substantial compliance required. Sufficient if no one misled to his/her prejudice. Sufficient even if one of the above is omitted. Richardson v. Mid-Cities Drywall, Inc., 968 S.W.2d 512 (Tex.App. Texarkana 1998). TX PROP § 53.054 TEXAS TEXAS – 546 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN
RkJQdWJsaXNoZXIy ODI0NDE4