If first and last furnishes dates were entered incorrectly for a recorded lien in Texas, will the recorded lien lose its validity?
1 reply
Dec 16, 2019
Any time incorrect information appears on a mechanics lien claim, there's potential for that info to cause problems - particularly when it's reqquired info. However, a Texas Affidavit of Lien (mechanics lien) doesn't specifically have to include the exact date of first and last furnishing.
Rather, under Texas Property Code § 53-054(a)(3), claimants other than the GC must include "a statement of each month in which the work was done and materials furnished for which payment is requested" in their lien claims. Including the first and last date of furnishing will often serve this purpose. But, even if the exact right dates don't appear, as long as the correct months appear on the lien claim, there should be little issue.
So, at least for the mechanics lien document itself, inputting incorrect information regarding first and last furnishing dates shouldn't have much of an impact on the validity of the claim if the months that work was performed can be ascertained from the document. What's more, keep in mind that minor errors in a lien claim won't always result in the lien being invalid or unenforceable - at times, courts will give leniency if the lien requirements are substantially met.
Of course, the last furnishing date will be important for determining the deadline for filing a Texas mechanics lien claim. And, it's possible that getting the last furnishing date wrong could impact the timing of a claim and potentially the validity of that claim, as a result.
Additional resources on Texas mechanics lien claims