Home>Levelset Community>Legal Help>I have filed a lien on a commercial project. I am a subcontractor. Can a stop bond be placed on the project so the owners or GC can not bond around lien? If so, then when can you file the stop notice? How many days or what is needed to file?
I have filed a lien on a commercial project. I am a subcontractor. Can a stop bond be placed on the project so the owners or GC can not bond around lien? If so, then when can you file the stop notice? How many days or what is needed to file?
That's an interesting question. First, I'm not familiar with the ability for a Texas claimant to prevent the owner or contractor from bonding off the lien with the use of a "stop bond". However, when a mechanics lien is to be removed by court order, the court will set an amount of security (i.e. a bond amount) that a claimant can provide in order to keep the lien intact - and the requirements for that bond are set out by § 53-161 of the Texas Property Code. Under § 53-161(b), such a bond must be deposited with the court within 30 days of the date on which the court ordered removal of the lien. While not necessarily on-point with the question at hand, this article should provide a little background info on mechanics lien bonds: Primer on Mechanics Lien Bonds and Bonding Off A Mechanics Lien.