Texas Mechanics Lien Laws

Are the Requirements and Deadlines for Serving and Filing Mechanics Lien Documents Different if You Were Hired by the Property Owner, General Contractor, or a Subcontractor?


The requirements and deadlines for serving Pre-Lien Notices and filing the Lien Affidavit are different depending upon who hired you.  Therefore, the second step in analyzing your Mechanics Lien rights is to confirm who hired you. 

If you were hired by the Property Owner you are an “Original Contractor” or a “General Contractor,” even if you only supplied materials.  Keep in mind that if you were hired by the Owner’s Authorized Agent, then you have been hired by the Property Owner.  An example of a Property Owner’s Agent might be an apartment management company who is authorized to retain Contractors to perform work at the Project.

If you were hired by the Original Contractor/General Contractor, then you are a First-Tier Subcontractor/ Supplier. 

If you were hired by a Subcontractor of any level, then you are considered a Second-Tier Subcontractor/ Supplier for Mechanics Lien purposes.

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