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Can you help us determine how we need to notice in the case the material is being used on a common sidewalk?

TexasMechanics LienPreliminary NoticeRecovery Options

We are delivering ready mix material to a subcontractor that is pouring the concrete for the sidewalks throughout the community. Not all of the material is going on one address, but it is the common sidewalk that is shared by the entire community. Can you help us determine how we need to notice in the case the material is being used on a common sidewalk?

1 reply

May 18, 2018
Sidewalks are a challenging topic when it comes to lien law. First, it's worth noting that sidewalk construction is often put forth via public project. If that is the case, notice should be sent according to the Texas Little Miller Act. In Texas, parties contracting with someone other than the prime contractor must send notice to both the general contractor and the surety. If the project is a private project - sending notices to preserve lien rights would be a tricky endeavor. Under the Texas Property Code, "sidewalks" are included under the definition for "improvements" which might be lienable. However, the sidewalks themselves are not lienable - but the properties adjacent to the project, if those property owners authorized the work, might be lienable. Even then - to preserve lien rights on the adjacent properties, conceivably, notices would need to be sent to each property owner with property adjacent to the sidewalk. Ultimately, attempting to preserve lien rights on such a project might be more trouble than it's worth, and other methods of securing payment might be more appropriate (more on those options, here: What If I Don’t Want to File a Mechanics Lien? Here Are 5 Other Options). However, it's worth noting that sending notices to your client and the project's general contractor might still be effective to speed up payment. Further, if the project was put on by a neighborhood association or some other body that represents all relevant homeowners, sending notice may still be worthwhile. While a lien might not be a practical option, and while funds might not be trapped like on a traditional Texas public project, the threat of mechanics lien can still help keep payments timely.
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