When filling out my Texas mechanics lien, do I really need to break out all of the work provided into months?

5 months ago

We are a subcontractor about to file a mechanics lien in Texas against a non-paying general contractor. In filling out the mechanic’s lien form, it looks like we need to specify the work and materials we provided to the job EACH MONTH. We’ve been working on this job for 9 months and are owed money for about 4-6 months of work. Do we really need to separate all of this stuff out by month, or can we just generally describe it?

Chief Legal Officer Levelset

Good question, Texas has some of the most complex and confusing mechanics lien laws in the country, and getting your head wrapped around the requirements can be difficult. Let’s take a look at the requirements for the contents of a Texas mechanics lien itself.

The required contents of an affidavit of lien in Texas (mechanics lien) are set forth by § 53-054, and are:

(1) a sworn statement of the amount of the claim;
(2) the name and last known address of the owner or reputed owner;
(3) a general statement of the kind of work done and materials furnished by the claimant and, for a claimant other than an original contractor, a statement of each month in which the work was done and materials furnished for which payment is requested; [emphasis added]
(4) the name and last known address of the person by whom the claimant was employed or to whom the claimant furnished the materials or labor;
(5) the name and last known address of the original contractor;
(6) a description, legally sufficient for identification, of the property sought to be charged with the lien;
(7) the claimant’s name, mailing address, and, if different, physical address; and
(8) for a claimant other than an original contractor, a statement identifying the date each notice of the claim was sent to the owner and the method by which the notice was sent.

So, a claimant other than a party who directly contracted with the property owner must provide a statement of each month in which labor or material was furnished for which they are unpaid and claiming payment through the lien.

However, the lien only requires “a general statement of the kind of work done and materials furnished by the claimant” and the “affidavit is not required to set forth individual items of work done or material furnished.”

Accordingly, while a list of the actual months in which work was performed and unpaid for which the claimant is filing a lien is required, it is not mandated that a specific listing of the individual labor or material furnished (whether by month or otherwise) be included.

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