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What should I put as my completion date

TexasLien Deadlines

I'm a subcontractor and my question is on my contract it states the job was to be completed in January, however, due to changes orders and project delay, the project did not finish until February. We sent out the change order with a due date of March 22. I have a claim of lien coming up, do I stick with the regular contact date or update it to the invoice date?

3 replies

Apr 22, 2021
Texas mechanic's lien laws are quite complex and confusing. You should be requesting time extensions as change orders come in. A lien claim is not tied to the completion date, but is tied to the date that you last furnished labor or material to an original contractor (your customer). The deadline for filing a mechanic's lien would be the 15th day of the third (for residential projects) or fourth month (for commercial projects) after the end of the last month in which you furnished labor or materials for the project. But if the owner files an affidavit of completion, that could shorten the deadline for lien filing to 30 days after the filing of the affidavit of completion. Retain a construction attorney to evaluate your legal situation and to provide advice. Good luck.
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Apr 22, 2021
How would you find out if a affidavit of completion was filed by the owner
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Apr 22, 2021
If you had mailed by certified mail a notice of non-payment with a request for the owner to trap funds, the owner is required to provide you with notice of filing of an affidavit of completion. But why wait? Squeaky wheel gets the grease. Make sure that you have complied with the pre-lien notice requirements, and then consider filing a mechanic's lien. Good luck.
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