Have not sent any notice to homeowner. Completed work on 10/7/13, invoiced General Contractor on 10/8/13- terms were payment due upon completion
ThanksYou are still in the running then...Under TX law, if you are a sub that contracts directly with the prime (so you have a written contract with the prime or general contractor) then you must file what is called a "3 month notice"It is called a 3 month notice since it must be filed within 3 months of the completion of labor (or supply of materials). This notice must be sent to the owner. If you have not sent yet? That it he first step.The purpose of this notice is to advises the owner to withhold the amount of your claim from the original contractor.Then, AFTER you have filed the notice, you can next move on to file the lien...Under TX law, to file for a lien one must first file an affidavit for a lien. You can see a template herehttp://www.jrscoggins.com/WebDocuments/Mechanicslien.pdfBut you can not file this automatically...this is due (as provided in the TX statutes)"on the 15th day of the month three months after the last month the claimant performs work." (it is 4 months if it is commercial property)SO...work completed in OCT? You will need to file the lien by 15 Jan (or 15 Feb if it was commercial property).You file the lien form with the county clerk's office. AND you must also provide a copy to the prime and the owner (the law states within 5 days). That is it. If you follow the above, you will have perfected your lienPlease let me know if you have more questions...happy to assist if I can
So first step is letter to the homeowner stating:
I have not received payment from General Contractor for work performed. Do I state amount? I am advising you to withhold payment to General Contractor. You can pay amount directly to me. If not a I will proceed to file a lien on your property?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).