• 1st notice letter to the GC is timely for work done any time after April 1, 2010.
• 2nd notice letter to the GC & Owner is timely for work done any time after March 1, 2010.
• Your mechanic’s lien is timely for work done any time after February 1, 2010.

Residential – 2nd Tier Commercial – Specially Fabricated Claimants:

• Notice letter to the GC & Owner is timely for work done any time after April 1, 2010.
• Your mechanic’s lien is timely for work done any time after March 1, 2010.

June 15th – Texas Mechanic’s Lien Deadlines is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

• 1st notice letter to the GC is timely for work done any time after March 1, 2010.
• 2nd notice letter to the GC & Owner is timely for work done any time after February 1, 2010.
• Your mechanic’s lien is timely for work done any time after January 1, 2010.

Residential – 2nd Tier Commercial – Specially Fabricated Claimants:

• Notice letter to the GC & Owner is timely for work done any time after March 1, 2010.
• Your mechanic’s lien is timely for work done any time after February 1, 2010.

May 15th – Texas Mechanic’s Lien Deadlines is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

Commercial Projects

1st Tiered Claimant:

Your notice letters are timely for work done any time after November 1, 2009.
Your mechanic’s liens are timely for work done any time after October 1, 2009.

2nd Tiered Claimant:
Your notice letters are timely for work done any time after December 1, 2009.
Your mechanic’s liens are timely for work done any time after November 1, 2009.

Residential Projects

For all Claimants:

Your notice letters are timely for work done any time after December 1, 2009.
Your mechanic’s liens are timely for work done any time after November 1, 2009.

February Mechanic’s Lien Deadlines is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

Commercial Projects

1st Tiered Claimant:

Your notice letters are timely for work done any time after October 1, 2009.
Your mechanic’s liens are timely for work done any time after September 1, 2009.

2nd Tiered Claimant:
Your notice letters are timely for work done any time after November 1, 2009.
Your mechanic’s liens are timely for work done any time after October 1, 2009.

Residential Projects

For all Claimants:

Your notice letters are timely for work done any time after November 1, 2009.
Your mechanic’s liens are timely for work done any time after October 1, 2009.

January Mechanic’s Lien Deadlines is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

Commercial Projects

1st Tiered Claimant:

Your notice letters are timely for work done any time after September 1, 2009.
Your mechanic’s liens are timely for work done any time after August 1, 2009.

2nd Tiered Claimant:
Your notice letters are timely for work done any time after October 1, 2009.
Your mechanic’s liens are timely for work done any time after September 1, 2009.

Residential Projects

For all Claimants:

Your notice letters are timely for work done any time after October 1, 2009.
Your mechanic’s liens are timely for work done any time after September 1, 2009.

December Mechanic’s Lien Reminder is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

Definition-Residential

A single family house, duplex, triplex, or quadruplex or a unit in a multi-unit structure used for residential purposes that is owned by one or more adult persons and is used or intended to be used  as a dwelling by one or more of the owners.

As an example, work on a residential house or multiunit structure is not necessarily a “Residential Project” when it comes to mechanic’s lien laws.  Specifically, if it is a spec or tract house and the builder or general contractor who owns the house does not intend to occupy it as a primary dwelling then, technically, this type of project falls under the mechanic’s lien rules for commercial projects.

Another easy hint is, does a corporation own the house or is it for an investment?  If so, it can never be “residential” for the purposes of the mechanic’s lien laws.

Once you know what type of Claimant you are and whether or not you are working on a residential or commercial project, refer to the Deadline Chart, within this email, for the current timeline on the lien process.

REMEMBER -   IF YOU ARE A 2ND TIER CLAIMANT OR ARE WORKING ON A RESIDENTIAL PROJECT, YOUR NOTICE LETTERS AND AFFIDAVITS ARE DUE 1 MONTH EARLIER THAN 1st TIERED CLAIMANTS ON COMMERCIAL PROJECTS.

November Mechanic’s Lien Deadlines

Commercial Projects

1st Tiered Claimant:

Your notice letters are timely for work done any time after August 1, 2009.
Your mechanic’s liens are timely for work done any time after August 1, 2009.

2nd Tiered Claimant:
Your notice letters are timely for work done any time after September 1, 2009.
Your mechanic’s liens are timely for work done any time after August 1, 2009.

Residential Projects

For all Claimants:

Your notice letters are timely for work done any time after September 1, 2009.
Your mechanic’s liens are timely for work done any time after August 1, 2009.

November Mechanic’s Lien Reminder is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

• One who works directly for, or supplies materials directly to, the original contractor
• Has a contract, written or not, with the original contractor, but not with the owner

2nd Tier Claimant:

• One who works directly for or supplies directly to any first tier or other lower tier subcontractor
• Has a contract, written or not, with a first tier or lower tier subcontractor

If you have a contract directly with the Owner, technically, under mechanic’s lien laws, you are considered an original contractor.  Pursuant to the lien laws, the project can have many original contractors on a job.

Once you know what type of Claimant you are refer to the Deadline Chart, within this email, for the current timeline on the lien process which depend on the type of property the work was performed on – Commercial or Residential.

REMEMBER -   IF YOU ARE A 2ND TIER CLAIMANT, YOUR NOTICE LETTERS AND AFFIDAVITS ARE DUE 1 MONTH EARLIER THAN 1st TIERED CLAIMANTS ON COMMERCIAL PROJECTS.

October Mechanic’s Lien Reminder is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

Last month, we talked about how to calculate “When the work was performed.”
This month I want to talk to you about the potential pitfalls of filing mechanic’s liens on your own.  If you can’t say “yes” to all of these questions, then you need to have an attorney, specialized in the field of lien laws, to send out your mechanic’s lien notice letters and liens:

1. Is the property address exactly correct?

2. Do you have the proper legal description?

3. Do you know who the owner is and have their correct entity name?

4. Do you know who you are required to send notices of potential liens to and how you are required to file them?

5. Do you know the specific language that the Texas Property Code requires for your type of job?  Did you know it depends on the following variables:

• Is the project considered Commercial or Residential?
• Is the project a Homestead?

6. Do you know the exact deadlines and understand what your classification is to know where you fall on the deadline charts?

• Are you an original contractor, first, second or third tier claimant?
• Are you supplying “specially fabricated goods?”
• Do  you supply the product or labor at the end of the job thus triggering “special” rules relating to when the project has been “substantially com­plete?”

7. Are you using a form, created by an attorney, that is more than a year old and does not have the more recent updates from the Texas Property Code?

Residential Project

Commercial Project

Kelly M. Davis

Kelly M. Davis & Associates, LLC

September Lien Reminder is a post from: Kelly M. Davis & Associates, LLC - Dallas Construction Attorney