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Putting lien on Commercial (Town Homes) Project

Texas

I am owed money on a project that I worked on that consisted of building some Town Homes. Town homes were built of a total of 6 buildings, each building has 2 town homes in it. So a total of 12 town home units. When we first started there was 1 address for the property which was 200 Mays Lane West Tawakoni, Texas 75474. The name of development is The Cloisters of West Tawakoni and the development sits on just under 20 acres. As we started completing the town homes and beginning getting Certificates of Occupancy's addresses were attained for each town home unit. I am owed money (mainly material reimbursements) on all units. Do i need to file a Intent for Lien (thus eventually if not paid a Lien) on each address assigned to each town home or can I put an Intent for Lien on the property itself (The Cloisters of West Tawakoni). I appreciate your help concerning this matter, I want to make sure I do this right and legal. I am in Texas

1 reply

Jan 31, 2023

Under Chapter 53 of the Texas Property Code, the effectiveness of your mechanic's lien would relate back to the beginning of the construction work. So, your notices of non-payment and funds tapping letter and subsequent mechanic's lien would cover the entire tract, not the individual town home units (assuming they were subdivided later).

Retain a construction attorney to evaluate your legal situation and to provide advice.

Good luck.

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