Hello, I am a contractor who was hired to demolition and remodel the interior of a house. While working on this house I was told by the owner that they intend on using it as a miniature version of the store that they also own next door to this house. This house and store are located on a property that I am told is 73 acres - all owned by the same person. I am trying to file a mechanics lien against the property owner because they refuse to pay for the remodel we completed inside of that house. However I don't know whether to classify the property as RESIDENTIAL or COMMERCIAL because although it is a House I was TOLD it would be used as a "mini store" to sell the some of the same items that they sell in their larger, actual store next door. What should I classify this property and will it complicate my mechanics lien?
The answer depends on whether the owner resides in the home you remodeled. If the owner does not live in the home, it will likely be a commercial project. If the owner does live in the home, it will likely be a residential contract.
However, without more information, I couldn't tell you for certain how to categorize this project. As you probably know, residential projects and commercial projects have different notice requirements in order to perfect your lien.
I recommend contacting an attorney to make sure you are following the correct deadlines. If you need assistance with this, feel free to give us a call at Murphy Legal. We handle construction cases across the state of Texas. Our phone number is (979) 690-0800.
Good luck!