How to File a Mechanics Lien in Texas

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Confused about Texas lien law? Download a FREE Texas lien form (links below) and follow along this simple, step-by-step video, or do it stress-free through Levelset: https://www.levelset.com/mechanics-lien/ • 00:00 - Intro • 00:20 - Who’s eligible to file a Mechanics Lien in Texas? • 00:54 - What construction notices are required in Texas? • 01:35 - How do I fill out my Texas Mechanics Lien form (Affidavit of Lien)? • 02:59 - What is the Texas Mechanics Lien deadline for non-residential projects? • 03:11 - What is the Texas Mechanics Lien deadline for residential projects? • 03:31 - How do I serve my Mechanics Lien in Texas? • 04:05 - When should I enforce my Texas Mechanics Lien? • #MechanicsLien #Texas #Construction • Texas Affidavit of Lien by Subcontractor Form: https://www.levelset.com/mechanics-li... • Texas Affidavit of Lien by Subcontractor Form: https://www.levelset.com/mechanics-li... • Calculate your Texas Mechanics Lien deadline using the Payment Rights Advisor tool: https://www.levelset.com/payment-righ... • Check out the full comprehensive guide here: https://www.levelset.com/blog/how-to-..., and read related FAQs at: http://www.levelset.com/mechanics-lie.... • -Who’s eligible to file a Mechanics Lien in Texas? (0:20) • There are three broad categories of project participants who are entitled to file a mechanics lien claimant: • Parties who furnish labor and/or materials, • Parties who specially fabricated materials, and • Design professionals; which includes engineers, architects, and surveyors. • -What construction notices are required in Texas? (0:54) • Texas has one of the most complicated preliminary notice procedures in the country. • Anyone who does not contract directly with the property owner has some sort of notice requirements. These can include: • Multiple monthly notices, • Specially fabricated materials notice • Notice of contractual retainage, • And others. • -How do I fill out my Texas Mechanics Lien form (Affidavit of Lien)? (1:35) • A Texas mechanics lien is called an “Affidavit of Lien,” and there are two different forms depending on if you are a direct contractor or any other project participant. • Here’s the information you’ll need to include on your Texas Affidavit of Lien: • Your information • The property owner’s information • The prime contractor’s information • The hiring party’s information • The amount of the claim • A description of the work or materials provided (and the months they were provided) • Description of the property • The dates notices were provided; • A sworn statement that is signed and notarized. • -What is the Texas Mechanics Lien deadline for non-residential projects? (2:59) • Generally speaking, a Texas mechanics lien must be filed by the 15th day of the 4th month after the last month the claimant furnished labor or materials to the project. • -What is the Texas Mechanics Lien deadline for residential projects? (3:11) • As for residential projects, the lien must be filed no later than the 15th day of the 3rd month after the last month the claimant furnished labor or materials. • -How do I serve my Mechanics Lien in Texas? (3:31) • Once you’ve filed your mechanics lien, the last thing you’ll need to do is send a copy of the claim to both the owner and the GC. This needs to be sent by certified mail with return receipt requested, within 5 days of filing. Best practice? Go ahead and send those copies the same day you file your claim. Missing this requirement could invalidate your entire claim! • -When should I enforce my Texas Mechanics Lien? (4:05) • Most liens will need to be enforced within either: 2 years of the last date the claimant could have filed a mechanics lien; or 1 year after termination, completion or abandonment of the project, whichever is later. As for liens on residential projects, the lien must be enforced within either: 1 year of the last date you could have filed a mechanics lien; or 1 year after termination, completion, or abandonment of the project, whichever is later. • Levelset’s mission is to empower contractors to always get what they earn. Levelset’s products help millions in the construction industry each year to make payment paperwork and compliance easier, get cash faster, monitor the risk on jobs and contractors, and better understand payment processes and rules. The results are faster payments, access to capital, and fewer surprises. Backed by investors like Horizons Ventures, S3 Ventures, Altos Ventures, Operating Venture Capital, and Brick Mortar Ventures, Levelset is headquartered in New Orleans, Louisiana, with offices in Austin, Texas, and Cairo, Egypt, and is over 200 employees strong. Learn more at www.levelset.com. • Want to become a payment expert? Subscribe to get notified when new construction payment videos are uploaded: https://www.youtube.com/c/levelset?su…

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