No. Only subcontractors, sub-subcontractors and suppliers who do not have a direct contract with the project owner are required to send a Pre-lien Notice Letter (for each month that is unpaid) before filing a mechanic’s lien affidavit with the county.
Related questions and answers
To prepare a lien affidavit, you will need the general information of the project and your contract. Below is a list of most of the information that is most needed to file a lien. • Project Information: Owner, name of project, common address (or legal property description), county where the project is located. • For Subcontractors: Name (or company name) and mailing address of the General (Prime) Contractor. • For Sub-subcontractors: It is not required but preferred to have the name and mailing address of all Subcontractors involved in the contract chain. • Work: Invoice dates, description of the unpaid work performed and the amount owed per each individual month.
No. Unfortunately Texas Easy Lien currently is designed to create bond claim documents only for projects owned by the State of Texas.
The legal description is a record of the real property (piece of land) that contains information that clearly identifies it such as property dimensions and boundaries. This description can be written in a few different forms and will typically appear on sales contracts and the property deed. If it is not printed in the contract or blueprints, it can be found in the “Property Search” section of each individual county. Instructions on how to find the legal description of a property
No, they are not necessarily the same. The project owner is who hired the general contractor and/or subcontractors to perform labor or services to a construction or repair project and whose name is in the contract. This person or entity could be only leasing the property you are working on and not really own it.
Yes, as long as the county you are filing with accepts it. However, some counties have moved to accept filing electronically only (due to social distancing requirements). Others do not accept filings by mail, only in person. It is best to call the county records office and verify which method is accepted before considering doing it in person. If you are considering filing by mail, we suggest doing so with enough time before the deadline to avoid the risk of having your lien rejected or invalidated.