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Texas Mechanics' & Materialmens' Liens |
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Written by Chris Harris
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Sunday, 18 September 2005 |
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Texas has some of the most complicated laws in the nation with respect to the filing and perfection of mechanics' and materialmens' liens and surety bond claims. A person who supplies labor and/or materials to a construction project in Texas will have different deadlines for filing lien notices (or bond notices) depending upon whether that person is a General Contractor or a subcontractor or a supplier to a subcontractor. Moreover, the deadlines will vary depending on whether the project is commercial, residential, residential homesteaded, non-residential private, or public. To complicate matters further, the deadlines and requirements will vary depending on whether a public job is State or Federal.
My goal here is to set out some general guidelines that contractors and suppliers in Texas should be aware of when it comes to protecting their lien rights or their bond claims. I will not provide any forms on this page for the simple reason that those forms are constantly changing, and I'm not sure how often I'll be able to update this page.
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The Texas Residential Construction Commission Act |
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Written by Chris Harris
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Saturday, 17 September 2005 |
In 2003, while the Texas Legislature was busy passing heralded legislation concerning Medical Malpractice Tort Reform, they also passed a bill called the Texas Residential Construction Commission Act. (House Bill 730 – 78th regular session of the Texas Legislature). It applies to disputes arising out of the construction of new homes, and it applies to disputes arising out of the remodeling of homes if such remodeling exceeds $20,000.00.
As one might guess from the name of the bill, it created the "Texas Residential Construction Commission." Determining whether this law is beneficial or harmful is extremely simple. If you are a Texas homebuilder, it is a fantastic law. If you are a Texas homeowner, it is a brutally lopsided law that virtually eliminates your right to recover in a lawsuit against your contractor.
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Some Texas Laws Explained 