Texas
Affidavit Claiming Lien-Private Works

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Affidavit Claiming Lien

Scope: State of Texas, Private Works.

Time Constraints: You must have served (under most conditions) all required Preliminary Notices or you cannot claim a lien. See the memos for Texas Preliminary Notice, Private Works for more information.

Residential Jobs Only: By the 15th day of the third calendar month after the month in which the subcontract is completed, or within 30 days of the filing of the Notice of Completion, whichever is sooner. File your Affidavit Claiming Lien with the County Clerk of the county where the project is located. Further, if you are general contractor this date must be within 60 days of the date the indebtedness accrued. You must also including the declaration that the Affidavit of Lien is not a lien when requested.

Commercial Jobs Only: By the 15th day of the fourth calendar month after the month in which the subcontract is completed, or within 30 days of the filing of the Notice of Completion, whichever is sooner. File your Affidavit Claiming Lien with the County Clerk of the county where the project is located. Further, if you are a general contractor this date must be within 90 days of the date the indebtedness accrued.

All, Bond Claims: Bond claims on private works, where they exist, should be made by the 15th day of the 3rd calendar month after the month where the subcontract is completed, or within 30 days of the filing of the Notice of Completion. This perfects the claim upon the bond.

All Lien Claims: Within one business day after the date the affidavit is filed, or the date the affidavit is required to be filed, whichever is earlier, send one copy of the affidavit by certified mail to the owners, general contractors and sureties.

All, Bond Claims: Bond claims on private works, where they exist, should be made by the 15th day of the 3rd calendar month after the month where the subcontract is completed, or within 30 days of the filing of the Notice of Completion, whichever is sooner. This perfects the claim upon the bond. You may have situations where the bond claim is made before the lien.

Retainage: This is a separate claim sent at the completion or termination of a contract for retainage money held. If an agreement for retainage exists, you must have given a retainage notice to the owner and original contractor within 30 days of the completion or termination of your contact with the owner or other contractor.  The deadline to file al lien for the retainage is between 40 days (if the notice of completion is filed by the owner) and 4 months (if no notice of completion is filed by the owner).  Make sure you leave time enough to file your lien claim after sending notices!  To complicate this right to claim, if the owner has sent a notice to the potential claimant to file his claims, you must send the retainage notice and file your lien claim within 30 days of the owner’s notice to you.

After the sending of the retainage notice you are free to file your lien affidavit for the retainage amount.  This is not the claim for any balance due amount, which must be filed separately.

Perfection: File suit to perfect your lien within 1 years of the date of filing your claim, unless a Notice of Completion has been filed, where you must file within 1 year of the filing of the Notice of Completion.

Payment Bond: Where a Payment Bond has been provided by a surety, file within the time frame as stated in the bond. Bring suit to perfect your claim on the bond within 30 days.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures).

In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (Do not pass these up. Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.  Also, you will need copies of your Invoices or Statements for the Sworn Statement of Account.

Form Types: Lien Affidavit, Exhibit's A-D, if needed, Sworn Statement of Account, Invoices or Statements for Sworn Statement of Account, Notice of Filing Lien, and Recorder's Letter.

Procedures: Prepare your documents using the required information. File your Lien Affidavit, serve upon the owners (with Notice of Filing Lien) general contractors and sureties (your customer is optional). At this point you are ready enforce all of your claims in one action.

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