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I want to make sure if we are considered the General Contractor of Sub Contractor

We we do foundations and driveways for for Gehan Homes. The question is, not all homes are sold when we start the job. I believe people close on their homes once the home is totally build. Some homes are just build then sold with no potential buyer. I'm not sure if there are homes that have already been bought when we start the jobs. Just want to make sure we have the correct title when we sent the Notice to Indent.

1 reply

Mar 26, 2020

Working on a development project can create some confusion about project roles, and that's perfectly normal. Generally, the Texas Property Code defines an "original contractor" as a person who contracts directly with the property owner (as found at § 53-001(6)). So, a construction business hired directly by a developer who still owns the property would generally be considered an "original contractor." But, if the property has been sold to someone other than the party who hired you - then it might be wise to assume you'd be considered a subcontractor, just to play things safe since subs will have more notice requirements then an original contractor. For determining who owns the project, I think this article may provide some value: How to Find the Property Owner on a Construction Project. Finally, keep in mind that Notices of Intent aren't actually a required part of the mechanics lien process - though they can be an extremely valuable recovery tool. But, since it's not a required notice, an error on the Notice of Intent wouldn't be fatal to a Texas mechanics lien claim.

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