Martinez Hsu P.C. is trying something new for 2022. We are sending out periodic newsletters with
updates on construction law and relevant information regarding the roofing and restoration industry.
We appreciate all feedback and should you have a question or want a specific topic highlighted, please
let us know.
This month we are reviewing the updated Texas lien laws. The laws have changed recently and you
need to know them in order to protect your rights. It is critical that you understand the notice process
and applicable deadlines.
A properly perfected mechanics lien is a tool all contractors should keep in their belt when a property
owner or responsible party doesn’t pay in full. It provides a security interest in the property and allows
contractors to potentially force a sale of the property in order to collect the debt.
There are different rules that apply to residential projects, commercial projects, contractors signed
directly with a property owner and owner’s agent, and subcontractors. If you have questions or
concerns about filing a lien we suggest you ask a professional and file early. If you miss a deadline you
will be unable to file your lien.
Here are some highlights from of the new laws that may help when making decisions about when and
how to file a lien. Remember! If your contract was signed prior to January 1, 2022 then the old laws are
Liens can be sent from any delivery service company that can provide proof of receipt
If your notice deadline falls on a weekend or legal holiday you can now have until the next business day to send the notice. Previously you had to send it out prior to the weekend or holiday.
For primary contractors on commercial projects, the time to file a lien has been reduced to on or before the 15th day of the fourth month from last time you worked on the project. For residential projects, you have until the 15 th days of the third month after you last worked on the project.
All liens must be perfected and suit filed to enforce within one year of filing.
You can only use legally approved lien waivers to waive your lien rights.
Retainage laws, especially for 2nd and 3rd tier contracts have also changed. Should you have a question
about those timelines please give us a call. Be on the lookout for next month’s newsletter addressing retainage.
Lien laws are important to your business and timeliness is key to protecting your rights and money.
Please contact us with any question or concerns about filing a lien or any other matter that we can help you with.