Through This Kit We Will Teach You How to Prepare, File, and Serve a Mechanics Lien Just Like a Construction Lawyer! Let’s Get Started!
All The Essential Documents & Much More
This Kit contains all of the Essential Documents that you will ever need to Prepare, File, and Serve a Mechanics Lien and much, much more, to include:
- Second Month Pre-Lien Notice.
- Second Month Pre-Lien Notice Payment Demand Letter.
- Third Month Pre-Lien Notice.
- Third Month Pre-Lien Notice Payment Demand Letter.
- Notice of Contractual Retainage.
- Lien Affidavits.
- Letters to the County Clerk to File and Release the Lien.
- Payment Demand Cover Letter used to Serve the Lien Affidavit.
- Pre-Foreclosure Payment Demand Letter.
- Payment Demand Letter to Debtor.
- Release of Lien.
- The New Mandatory 2011 “Progress Payment and Final Payment Waiver and Release” Forms.
- The Mechanics Lien Law Summary.
- Step-By-Step Instructions and Training from Construction Lawyers.
See Below for a Detailed Description of the Documents Contained in this Kit.
Quick & Easy To Prepare
Each Document has been created in Microsoft Word and is easily modified in either “Word for Windows” or “Word for Mac”. To complete a Document, you simply place your cursor over the bracketed yellow highlighted text and begin typing the requested Project information. As soon as you start typing, the yellow pre-existing text automatically disappears and is replaced with your Project information. You can also easily modify the tone of a Document, add new text, or remove pre-existing text by cutting, pasting, or typing in new text just like you would with any other Word Document. After becoming familiar with how to create a Document, Most Documents can be Prepared in 10 Minutes or Less.
Step-By-Step Instructions and Training
We make preparing, filing, and serving each Document quick and easy! In fact, we have already done almost everything for you. Through step-by-step Instructions created by Construction Lawyers, we walk you through each and every step of the process to include: (1) how to finalize the Document to make it specific to your Project, (2) when, where, and how to file the Document, and (3) when, how, and who to serve the Document on. It’s simple! Moreover, if you need assistance, our Construction Lawyers are here to help!
Instant, Reusable & Guaranteed!
Downloading the Kit is easy! First, click the “Add to Cart” button to checkout. Second, upon completing the checkout process you will download the Kit directly to your computer. Third, open the Kit and click the “Begin Here” file to start preparing your first Lien Document. It’s really that simple! All of the Kit Documents are yours to keep and are designed to be reused over and over again on all future Projects. Plus, if the Lien laws change, we will provide you with a new updated Kit free of charge. If you are dissatisfied with the Kit, return it for a full refund, no questions asked.
DESCRIPTION OF KIT DOCUMENTS & TOOLS
This mandatory Second Month Pre-Lien Notice must be served by all Claimants who were hired a Subcontractor before filing a Lien. This Notice is typically sent early in the Mechanics Lien Filing Process; typically just shortly after payment has become past due. With that in mind, we have created a non-confrontational Notice that includes all of the required Pre-Lien Notice language and at the same time, advises the parties that it is a mandatory Notice that is simply being served to preserve your Mechanics Lien rights in the event of nonpayment. This is the type of Notice that you can routinely send on all Projects without negatively affecting the business relationship. If you require a more forceful Notice, see below.
This is the same mandatory Second Month Pre-Lien Notice described above; however, you will want to consider using this version of the Notice on those Projects where you are no longer concerned about the business relationship and want to use all of your legal options to enforce payment now! In addition to the statutory Pre-Lien Notice language, we have included a forceful payment demand and allegations that the Trust Fund Statute and the Prompt Payment Act have been violated, along with a threat that if payment is not immediately made a Mechanics Lien will be recorded against the Property followed by a Lawsuit to foreclose. This is the type of Notice that commands immediate attention.
All Subcontractors and Material Suppliers must serve the Property Owner and the General Contractor with the Third Month Pre-Lien Notice before filing a Lien against the Property. As with the Second Month Pre-Lien Notices described above, the Mechanics Lien Kit contains two versions of this mandatory Notice as well: a noncontroversial version to be sent when you are concerned about your business relationship and a second more forceful version for those Projects where you are prepared to use all of your legal rights to enforce immediate payment.
If your contract with the General Contractor or the Subcontractor who hired you allows the withholding of contractual retainage from your monthly progress payments, then you must send this Notice before you can file a Mechanics Lien for any remaining unpaid contractual retainage. This Notice only applies to withheld contractual retainage. The Notice must be served on the Property Owner and the General Contractor by the earlier of: (1) 30 days of completing the work under your contract; or (2) within 30 days of completion of the overall Project.
Our Mechanics Lien Affidavits are professionally designed and contain all of the necessary language that you will need to perfect a statutory Mechanics Lien against the Property. The Kit contains two versions of the Mechanics Lien Affidavit: one for Projects where you provided both labor/materials and the other for Material Suppliers.
This is a professionally drafted Cover Letter to be used when filing the Mechanics Lien Affidavit with the County Clerk’s Office. The letter instructs the Clerk on: (1) what Property to record the Mechanics Lien Affidavit against; (2) how and where to return a file marked copy of the Mechanics Lien Affidavit to you for your records; and (3) identification of the proper filing fees.
After filing the Mechanics Lien Affidavit, you are required to serve it on all necessary parties within no later than 5 days of filing. This is an excellent opportunity to demand payment. With that in mind, we have created a Cover Letter to Notice of Lien Filing drafted in the form of a strong Payment Demand Letter, that strongly advises all parties of your legal rights and the actions that you intend to take if payment is not immediately made.
If you have still not been paid after serving the Mechanics Lien Affidavit and demanding payment, then consider serving this final Notice before retaining a Lawyer and filing a Lawsuit to foreclose. Like the Cover Letter to Notice of Lien Filing, the Pre-Foreclosure Notice is an optional Document written in the form of a strong Payment Demand Letter.
Once you have been paid or have resolved the dispute, you are required to release your Mechanics Lien upon a written demand. As with all of our Mechanics Lien Documents, our Release of Lien is professionally designed and contains everything the County Clerk will need to release the Lien.
This is a professionally drafted Cover Letter to be used when filing the Release of Lien with the County Clerk’s Office. The letter instructs the Clerk on: (1) what Property to record the Release; (2) how and where to return a file marked copy of the Release to you for your records; and (3) identification of the proper filing fees.
This is an optional Payment Demand Letter Document that can be used to demand payment from the party who hired you at any stage of the Mechanics Lien Filing Process or to be used if you failed to timely perfect your Mechanics Lien. This is a very forceful Document which educates the debtor of your legal rights and the steps that you intend to take if payment is not received by your stated deadline.
During the course of the project, Property Owners, General Contractors, and Subcontractors routinely require the execution of a “Waiver and Release of Lien” in exchange for either a Progress Payment or Final Payment. In 2011, the Texas Legislature enacted very specific rules which govern the format and language of a Waiver and Release of Lien Form. A form that does not comply with these new rules will be invalid. With that in mind, we have created four easy to understand Waiver and Release of Lien Documents to be used for Conditional and Unconditional Progress Payments and Final Payments. As with all of our Lien Documents, each Document contains a specific set of instructions which guide you through the Waiver and Release of Lien Process.
This Kit includes a copy of “The Mechanics Lien Law Summary” which outlines the Mechanics Lien Filing Process, the Mechanics Lien Laws, tricks, and secrets used to enforce payment on a Texas construction Project.