The Texas lien process seems a little complicated, and it is. Why do Texas contractors have to comply with notice
and filing requirements and deadlines to perfect a lien? The lien claim process was designed to
protect property owners as well as contractors.
The requirements for Texas General Contractors who have made their agreement
directly with the Owner of property are less onerous than the requirements on
Subcontractors who have their agreements with the General Contractor. The rationale behind the varying requirements
and deadlines is that the Owner should be given the opportunity to protect his
property.
It is the Owner’s responsibility to pay the General
Contractor. There is no doubt that the
Owner will know if the General Contractor has not been paid and may ultimately
claim a lien. Accordingly, the process for
a General Contractor to claim a lien is not very complicated.
On the other hand, it is not the Owner’s responsibility to
pay Subcontractors. It is the General
Contractor’s responsibility to pay Subcontractors according to their
contracts. Without notice, the Owner may
not ever know that a Subcontractor has been hired, what the terms of their
agreement with the General Contractor are, and whether or not Subcontractors
have been paid by the General Contractor.
Accordingly, Subcontractors in Texas are required to provide certain notices to
the Owner in order to perfect their lien rights, which is where it can get
complicated.
By Sarah Berry, attorney
Check our blog next week for the next post on mechanic's and materialmen's liens.
Our firm regularly hosts what we like to call "Texas Lien & Bond Claim
101" workshops with small groups of contractors. If you are interested
in attending a workshop please contact Sarah Berry for more
information. Sarah@LPVLaw.com or (512) 472-2300.