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Texas Lien Law

Secure & Protect

Your Rights

 

 

Don’t let complex Texas Lien laws intimidate you! Noticing your project timely by securing your rights to lien lets all parties involved with the project know that you are serious about getting paid on your terms.  By securing your rights to lien will give you significant leverage in getting paid in this volatile market.  


HOW DO I SECURE MY RIGHTS TO LIEN?

1) STEP ONE: Answer These Important Questions:

 

QUESTION 1. Who HIRED you?

  1. General Contractor
  2. Sub-Contractor  or
  3. Directly with the Property Owner       

QUESTION 2. What TYPE of job were you contracted for?

  1. Residential
  2. Commercial  or
  3. Public Property  

QUESTION 3. When did you start the job?

 

The way in which you answer the questions in the above three steps will determine the course of action you must take in order to protect your lien rights.  Match your answers to the conditions below to start the notice process and ensure your interests are protected in the property.

 

 

2) STEP TWO: Identify Your Situation

 

CONDITION 1. If Your Contract is directly with the Property Owner:

 

If you are working directly with the property owner, you are NOT required to send any notices. 

You may proceed directly to the filing of a lien.  The deadlines for doing so are listed below. 

  1. Residential Job – 15th day of the Third month from the date of job completion.

    For Example: If you commenced work or supplied any materials on any day from January 1-31st 
    You will have to lien the property by April 15th. Sunray requires you to send the Lien Request no later than April 1st.

  2. Commercial Job – 15th day of the Fourth month from the date of job completion.

    For Example: If you commenced work or supplied any materials on any day from January 1-31st 
    You will have to lien the property by May 15th.
    Sunray requires you to send the Lien Request no later than May 1st.

  3. Public Job- As in most states Public or Governmental property cannot be lien’d. 
    In these cases you must make a Bond Claim.  The timeline for this is the 15th day of the Fourth month
    from the date of Job completion.

    For Example: If you commenced work or supplied any materials on any day from January 1-31st 
    You will have to make a Claim on Bond on the property by May 15th.
    Sunray requires you to send the Claim on Bond Request no later than May 1st.

CONDITION 2. If Your Contract is directly with the General Contractor:

 

If you working for the General Contractor, then you must send notices.  The deadline for the first notice is between the 1st  and the 15th day of the Third month from the Job start date. This is paramount to preserve your future lien rights.  Texas is unique in that notice deadlines are absolute.  If you miss sending the first notice you forfeit your right to lien.  Also, unlike most other states, Texas requires notices must sent on a monthly basis, for the ENTIRE DURATION of the job.  In addition, you must provide an Invoice. The invoice must contain the following information:

  1. Work, Labor, and/or materials furnished
  2. The Dollar Amount Due
  3. Month, Date, and Year
  4. Job Address  

    For Example: Job Starts anywhere between Jan 1, and Jan 31.  Send 1st notice between March 1st and March 15th. 
    If no other work is done then this is the only notice you’ll send.  If you are NOT PAID then the DEADLINE to file a lien follows the examples in Step Four. (SEE ABOVE)

    For Example: If the job continues for several months, then you must send another notice each month,  so in the example above, where a notice was sent between the 1st and the 15th of March (called a 3rd Month Notice), work continuing  into February requires that another 3rd month notice be sent, between April 1st and April 15th listing the amounts due for January and February.

    This continues each month UNTIL THE JOB ENDS, at which time you will follow the lien deadlines described earlier.

 

CONDITION 3. If Your Contract is with a Sub-Contractor:

 

If you are working with a Sub-Contractor you are required to send an Additional Notice for each month you are on a Job as follows.

 

For Example:  Job starts anywhere between January 1st and the 15th you must send your first between February 1st -15th (3rd Month Notice).  The next notice must be sent between the 1st and the 15th of March. (3rd Month Notice) If no other work is done then follow the above lien deadlines. (You have to remember was it residential or was in commercial or a public job)  However if work continues into February, you must send an additional 3rd Month Notice in March for Februarys work in addition to the 3rd month notice for January. This process will continue for the life of the job.

 


Forms You May Need

Things to Remember

 

The date in which you start a job in any given month does not extend the time in which the first notice is sent. 

So it doesn’t matter if the job started January 1st or January 31st the first notice must still be sent between February 1st and the 15th.

 

 

Sending your requests

 

You have two options in sending your requests.

  1. Fax your requests to 561.439.6614. 
  2. Use our sophisticated online database. There you can request your notices, print your notice online,
    print releases of liens for free, send us notes online rather than calling. 

TO GET STARTED CONTACT US NOW!