It is the document where a subcontractor, sub-subcontractor or supplier is stating that the job agreed in a contract (oral or written) has been completed and the payment has not been made. The surety (bonding company) is now liable for such debt.
Bond claims are required to send a notice that includes a sworn statement of account, which must also be notarized. Both documents are included when you prepare the bond claim with texaseasylien.com.
Related questions and answers
Also known as Pre-Lien Notice, Second Month Notice Letter, Third Month Notice Letter or Notice Letter, a Pre-lien Notice Letter is a notice that Contractors, Subcontractor and Sub-subcontractors and Suppliers are required to send to the construction project owner and general contractor to establish the right to file a lien in the event of non-payment. The purpose of these notices are to inform the owner that a subcontractor has performed work or supplied materials that have not been paid. By giving notice, the project owner is allowed to retain payment from the general contractor. These notices are bound by specific deadlines depending on the type of construction project and type of contractor. However, it is recommended that subcontractors send notice as soon as the amount owed is due so the project owner can withhold the debt amount prior to releasing the payment to the general contractor.
No, you do not need to have a written contract to file a bond claim. The content of the claim will change depending if you have a written or an oral agreement and the documents prepared by Texas Easy Lien provide the required information.
Yes. If you think about it, you could get paid the balance of one month but not others. Then you would be required to release the lien for the amount that was paid but would have lost your rights for the other months. It is always better to secure your rights in all forms possible by using the tools created to protect you.
Condominiums and spec homes are only residential construction projects if they have been purchased by the person owner who is going to occupy them live there before the beginning of construction. In other words, if the owner of a lot hires a contractor to build a house but is not going to live there, then it is considered to be a commercial construction project. But if the owner of the lot will actually live in the house under construction, then it is considered to be a residential construction project.
Sometimes, contractors are not aware that when they have a direct contract with the project owner, they are not required to send notices of intent to lien (or pre-lien notices). Original contractors have a constitutional right to file a lien directly without giving any notice to anyone. They do however, must file the lien no later than the 15th day of the 4th month after ANY the following events happened during the execution of the contract: a) Written Termination b) Abandonment of Project c) Settlement or; d) Completion of the Contract Unlike mechanic’s liens filed by subcontractors where they must file a lien per each month that goes unpaid, general contractors only need to file one lien claiming for one grand total owed. And must also send a copy of the recorded lien affidavit to the owner within 5 calendar days following the date the lien affidavit was recorded with the county clerk. Below is a chart with the deadline to file a lien for each month of the year. IMPORTANT, IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A LIEN WILL ALWAYS MOVE TO THE EARLIEST BUSINESS DAY.
ORIGINAL (GENERAL) CONTRACTOR CONSTITUTIONAL LIEN CHART OF TIME DEADLINES | ||
---|---|---|
Month of: a) Written Termination b) Abandonment of Project c) Settlement or: d) Completion of the Contract | PRIVATE COMMERCIAL PROJECTS | |
Notice To Owner | File Lien Affidavit By: | |
January | None | May 15th |
February | None | June 15th |
March | None | July 15th |
April | None | August 15th |
May | None | September 15th |
June | None | October 15th |
July | None | November 15th |
August | None | December 15th |
September | None | January 15th |
October | None | February 15th |
November | None | March 15th |
December | None | April 15th |