Sean McChristian is certified by the Texas Board of Legal Specialization in Construction Law and represents contractors, subcontractors, developers, owners, suppliers, sureties, and design professionals in all types of construction-related disputes. These include claims for: delay, acceleration, impact, and inefficiency; defective plans and specifications; construction defects; payment and performance; wrongful termination; cost overrun and extra work; and bond and lien claims. More...More...
MUD projects are usually structured such that the MUD is considered to be the owner for all purposes under the contract documents, but the developer is considered the owner for purposes of reviewing pay applications and making payment to the contractor. If the project is structured this way, then the project is usually considered a public project. That being said, every project is different and you should consult with a knowledgeable construction attorneSee More...See More...
“Bonding off a lien” usually refers to filing a bond to indemnify against lien under Subchapter H of Chapter 53 of the Texas Property Code, which provides that a lien that has been filed against an owner's property is discharged after: (1) a bond that complies with Texas Property Code § 53.172 is filed; (2) notice of the bond is sent via certified mail to the lien claimant as provided by Texas Property Code § 53.173; and (3) the bond and notice are recorded aSee More...See More...
On non-residential projects, a prime contractor must file its lien affidavit by the 15th day of the 4th month after the contractor's work was completed, terminated, or abandoned. On residential projects, the affidavit must be filed by the 15th day of the 3rd month after the contractor's work was completed, terminated, or abandoned. If a prime contractor completed, terminated, or abandoned its work on a non-residential project in November 2021, tSee More...See More...
There are different deadlines that have to be met to perfect a lien on a residential construction project. There are also additional requirements that have to be met if the residential construction project is being performed on the owner's homestead. A “residential construction project” is a project for the construction or repair of a new or existing single-family house, duplex, triplex, or quadruplex or a unit in a multiunit structure used for residential pSee More...See More...
Your options are going to vary on a party-by-party basis. The tenant is likely in the more difficult position with respect to disputing the contractor's claim. The owner should be demanding that the contractor release the lien against the owner's fee interest in the property because the contractor's lien likely only attached to the leasehold interest of the tenant. You should retain a knowledgeable construction lawyer to gain a full understanding of your options. See More...