Hello, we have a project in Texas that was started in 2019, we never filed a notice to owner or notice to lien. Can we effectively lien this project for non-payment without these documents being filed previously? Please advise
No. Texas Property Code Chapter 53 has very strict requirements on the timing of notice for the purpose of perfecting liens. Subcontractors have even more stringent requirements than the general contractors under Chapter 53. Lien notices must be provided within months of nonpayment, not years.
Unfortunately, you are out on your lien rights but the statute of limitations for breach of contract and a number of others has not passed so you can still sue the general contractor or whoever was responsible for your payment.
E. Aaron Cartwright III