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What can I do with this?

TexasLien Deadlines

Hello, is there anything I can do with a project that is over 4 months old? We filed a notice of intent and never followed up on it.

1 reply

Aug 13, 2022

If you have sent your notice of intent to file a lien, you now have to file your lien affidavit in the county clerk records for the county where the property is located. First, you need to make sure you are within the statutory deadline to file a lien. This will depend on whether you were a general contractor or a sub for the project, and whether the project was commercial or residential. 

Subcontractors. For commercial projects, if you are a sub, you must file your lien no later than the 15th day of the 4th month after the month you last furnished labor and/or materials to the project; or the 15th day of the 4th month after the month you would normally have been required to deliver the last of the specially fabricated materials. For residential projects, if you are a sub, you must file your lien no later than the 15th day of the 3rd month after the month you last furnished labor and/or materials to the project; or the 15th day of the 3rd month after the month you would normally have been required to deliver the last of the specially fabricated materials. 

General contractors. The lien deadlines for general contractors is the 15th day of the 4th month (for commercial projects) and the 15th day of the 3rd month (for residential contracts) after the contract was completed, terminated, or abandoned. 

There are some additional nuances with deadlines and it is possible August 15th is your deadline. You should contact an experienced construction lawyer to confirm your lien deadlines and see if you are within your rights to file a lien. If you already filed your lien as indicated herein, the next step would be to file suit to enforce and foreclose your lien.  

This answer is general and should not be construed as legal advice, as we do not know the specific facts of your legal issue. Any comments provided are general and not meant to create an attorney-client relationship. If you would like more information, feel free to contact our office. Thanks, Mario Lamar, Attorney at Allen Bryson, PLLC, 4131 N. Central Expwy, Suite 900, Dallas, Texas 75204 (214-586-0722). If you need immediate help, feel free to contact us at mlamar@allenbrysonlaw.com.    

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