About Kelly M. Davis Esq.

Kelly M. Davis is the owner of Kelly M. Davis & Associates, LLC. She grew up around the construction industry and knew once she opened her practice she would help construction related businesses.

September Lien Reminder

To All,

Last month, we talked about how to calculate “When the work was performed.”
This month I want to talk to you about the potential pitfalls of filing mechanic’s liens on your own.  If you can’t say “yes” to all of these questions, then you need to have an attorney, specialized in the field of lien laws, to send out your mechanic’s lien notice letters and liens:

1. Is the property address exactly correct?

2. Do you have the proper legal description?

3. Do you know who the owner is and have their correct entity name?

4. Do you know who you are required to send notices of potential liens to and how you are required to file them?

5. Do you know the specific language that the Texas Property Code requires for your type of job?  Did you know it depends on the following variables:

  • Is the project considered Commercial or Residential?
  • Is the project a Homestead?

6. Do you know the exact deadlines and understand what your classification is to know where you fall on the deadline charts?

  • Are you an original contractor, first, second or third tier claimant?
  • Are you supplying “specially fabricated goods?”
  • Do  you supply the product or labor at the end of the job thus triggering “special” rules relating to when the project has been “substantially com­plete?”

7. Are you using a form, created by an attorney, that is more than a year old and does not have the more recent updates from the Texas Property Code?

Residential Project

Work Performed

1st and 2nd tier notices to owner/g/c

Lien affidavit

June

15-Aug

15-Sep

July

15-Sep

15-Oct

August

15-Oct

15-Nov

September

15-Nov

15-Dec

October

15-Dec

15-Jan

November

15-Jan

15-Feb

For all Claimants:
Your notice letters are timely for work done any time after July 1, 2009.
Your mechanic’s liens are timely for work done any time after June 1, 2009.

Commercial Project

Work Performed

2nd tier notice to g/c

1st tier notice to owner and 2nd tier notice to owner/g/c

Lien affidavit

May

15-Jul

15-Aug

Sept. 15

June

15-Aug

15-Sep

15-Oct

July

15-Sep

15-Oct

15-Nov

August

15-Oct

15-Nov

15-Dec

September

15-Nov

15-Dec

15-Jan

October

15-Dec

15-Jan

15-Feb

1st Tiered Claimant:
Your notice letters are timely for work done any time after June 1, 2009.
Your notice letters are timely for work done any time after June 1, 2009.
2nd Tiered Claimant:
Your notice letters are timely for work done any time after July 1, 2009.
Your mechanic’s liens are timely for work done any time after May 1, 2009.

Kelly M. Davis

Kelly M. Davis & Associates, LLC

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