How to File a Mechanics Lien in Texas

If you’re working in construction in Texas,
you probably already know that the Texas lien law is really confusing. But we’re here to help. This is a step by step video guide for getting
your lien filed and getting you paid.  Step 1: Are you eligible to file a Texas mechanics
lien? The first question you need to answer is:
are you eligible to file a Texas mechanics lien?  There are three broad categories of project
participants who are entitled to file a mechanics lien claimant:
1. Parties who furnish labor and/or materials,

2. Parties who specially fabricated materials,
and 
 3. Design professionals; which includes engineers,
architects, and surveyors.
 If you have done any of this type of work
on a private construction project in Texas, then keep listening. Step 2: Have you sent all the required notices? The next question you need to figure out is
whether you’ve sent all the required notices.  Texas has one of the most complicated preliminary
notice procedures in the country.  Anyone who does not contract directly with
the property owner has some sort of notice requirements.

These can include:
• Multiple monthly notices,
 • Specially fabricated materials notice

• Notice of contractual retainage,
 • And others.
 If you don’t send the proper notices, by
the proper deadline, to the right people, you will basically lose your right to file
a Texas mechanics lien. Step 3: Drafting your Texas mechanics lien
form Assuming you've met all the requirements and
are eligible, it’s time to draft your Texas mechanics lien form. A Texas mechanics lien is called an “Affidavit
of Lien,” and there are two different forms depending on if you are a direct contractor
or any other project participant. Whether you are an original contractor, a
subcontractor, or a supplier, you can get a free, customizable Texas lien form for your
specific role on levelset.com. Here’s the information you’ll need to
include on your Texas Affidavit of Lien: • Your information

• The property owner’s information
 • The prime contractor’s information

• The hiring party’s information
 • The amount of the claim

• A description of the work or materials provided (and the months they were provided)

• Description of the property
 • The dates notices were provided; &

• A sworn statement that is signed and notarized.
 Now that you have your lien claim all filled
out, it’s time to file.

Step 4: Filing your Texas mechanics lien form Now that your lien is filled out with signatures
and all the requirements, you must file and serve your Texas Mechanics Lien with the county
recorder's office where the property is located. The time you have to file a Texas lien depends
on whether the job was residential, or non-residential. Stay with us here, because this can get a
little confusing. Generally speaking, a Texas mechanics lien
must be filed by the 15th day of the 4th month after the last month the claimant furnished
labor or materials to the project.

As for residential projects, the lien must
be filed no later than the 15th day of the 3rd month after the last month the claimant
furnished labor or materials.  Check out our Payment Rights Advisor Tool,
to calculate your mechanics lien deadline. Step 5: Send a copy of the filed mechanics
lien claim Once you’ve filed your mechanics lien, the
last thing you’ll need to do is send a copy of the claim to both the owner and the GC.

construction payment

This needs to be sent by certified mail with
return receipt requested, within 5 days of filing. Best practice? Go ahead and send those copies the same day
you file your claim. Missing this requirement could invalidate
your entire claim! If you’ve followed all these steps closely,
congratulations. You’ve just successfully filed a Texas mechanics
lien. But the story isn’t over yet. The lien claim will only be valid for a certain
period of time. Most liens will need to be enforced within
either: • 2 years of the last date the claimant
could have filed a mechanics lien; or
 • 1 year after termination, completion or
abandonment of the project
 ◦ Whichever is later.
 As for liens on residential projects, the
lien must be enforced within either: • 1 year of the last date you could have
filed a mechanics lien; or
 • 1 year after termination, completion,
or abandonment of the project
 ◦ Whichever is later.
 We hope this video has been helpful in your
lien filing process.

Filing a lien by yourself is a daunting task,
but if you’re ready and willing to go it alone, just follow the steps above to ensure
your lien is filed properly. Don’t forget, we’re always here if you
want to take the stress out of filing a mechanics lien. If you have any other construction payment
questions, head over to levelset.com to get payment help from lawyers or live chat with
one of our payment experts. If you want to see more construction payment
videos, be sure to subscribe to our channel.

And remember, payment help is here..

As found on YouTube

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