We are a subcontractor we filed a lien on 7/22/22. I would like to know what is considered the final day you can file a lien is it the last day you performed work on the project? Does it matter if it is on site or offsite? Does that include warranty work? What if you had to go out and fix something would that be the final date or is it once the final inspection is signed off on? Also, can I file a lien for escalation and extended General Conditions?
This is going to be a long answer and may get confusing but I'll do my best to clearly answer all of your questions.
The Texas Property Code says the lien affidavit must be filed with the county clerk by the 15th day of the 4th month after you last provided labor or materials, or the 15th day of the 4th month after the month you would have delivered the materials that were not delivered.
However, this changes for Residential projects (projects paid for by a homeowner who lives in the home). For Residential projects instead of it being the 4th month after, it is 3 months after. So the rule is the 15th day of the 3rd month after you provided labor or materials, or you would have delivered the materials that were not delivered.
What you should consider though is that there is a notice requirement that has to be satisfied before you can perfect your lien. The notice must be sent to the GC and the property owner by the 15th day of the 3rd month after you provided labor or materials for a commercial project, or the 15th day of the second month for a residential project. The notice deadline is 1 month before the deadline to file your lien for both commercial and residential projects.
There is also a different rule for claiming a lien for contractual retainage. A lien on contractual retainage must be filed by the 15th day of the third month after the month the original contract you performed under was completed, terminated, or abandoned. A retainage lien also requires that you send notice to the property owner and the GC of your intent to file a lien for contractual retainage. The retainage notice has its own deadlines. Notice of claim for unpaid retainage must be sent by the 30th day after the date your contract is completed, terminated or abandoned, or 30th day after the date the original contract was terminated or abandoned.
If you are trying to claim contractual retainage, any warranty work you perform after the contract is complete will not be factored in. Nor will any repairs you made after the completion of the contract.
In general, I would play it safe and not factor in warranty work or repairs under the original contract when trying to determine the lien deadlines. The only time I would consider this work is if you have a completely new contract for the repairs.
As for your question about offsite work...an M&M lien secures payment for labor done, or materials furnished for construction, repair, design, survey, or demolition, or materials specially made for the property, even if you have not delivered those specially made materials. So in some cases off site work would qualify.
However, if you are asking about off property work such as work on sidewalks, streets, or utilities that are public property located next to the property you want to place a lien on, then no you cannot file a lien for that work on public property.
Hope this helps!