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Stored materials and Texas Lien Law

Texas

We are the HVAC suppliers on a private job in Texas; Our customer is going to purchase equipment that will be stored in a facility for a period of time BEFORE reaching the jobsite. Are "stored materials" lien notices filed on in the same manner as normal purchases? Or are there special timelines for stored material. How are our lien rights effective if we stored the materials in an offsite storage facility we are paying for vs a storage room the customer is paying for? Thank you ! Pam Deiorio AR Manager at Mechanical Reps, San Antonio Tx.

1 reply

May 16, 2022
A couple of pieces of information are needed. 1st was thee an agreement with the buyer (the general or the sub) that the material will be stored at some specific location before being installed and 2nd was this material specifically fabricated for that job and therefore not viable for use on other jobs.
1. Lets consider this in reverse order. First consider the fabricated material. If this material was specifically designed for the particular job and therefore not available for sale on some other job, the a special notice is required For fabricated material, you need to start the notice process by the 15th of the 2nd month after the order is accepted. However, you need when the order was made to notify the buyer that this is a fabricated product.
2. On the other hand, if this was not specially fabricated material. let us say standard HVAC material, then the question arises as to whether this pre installation storage was part of the agreement with the buyer. If you and the buyer agreed that the material was to be stored pending installation, then you have performed at that point the material was stored according to the agreement and the lien notice period starts from that point of time. In other words if the storage was part of the agreement and therefore for the benefit of they buyer, you have performed upon delivery to the storage point.
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