Wednesday, January 9, 2013

Texas Lien Claim by General Contractor on Private Commercial Project

The procedure for a general contractor to perfect a lien claim in Texas is quite simple compared to the procedures that subcontractors must follow.

To perfect a statutory lien, a General Contractor must timely file an Affidavit Claiming Lien with the county clerk in the county where the property is located.  What is timely?

The lien affidavit must be filed by the fifteenth (15th) day of the fourth (4th) month after the day on which the indebtedness accrues which is either:

  • on the last day of the month in which the original contract was completed, settled, or abandoned; or

  • on the last day of the month in which written notice by the General Contractor or Owner is received by the other party stating that the contract is terminated.

The General Contractor must then send notice that the lien affidavit has been filed and a copy of the lien affidavit to the Owner within five (5) business days of its filing.  The notice and copy must be sent by certified mail.  Failure to send the notice within the applicable time period will void the lien claim.

By: Sarah Berry, Attorney

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