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Texas Property Code - Chapter 53 Mechanic's, Contractor's, Or Materialman's LienLegal Research Home > Texas Lawyer > Property Code > Texas Property Code - Chapter 53 Mechanic's, Contractor's, Or Materialman's Lien In this chapter: (1) "Contract price" means the cost to the owner for any part of construction or repair performed under an original contract. (2) ... On any work there may be more than one original contractor for purposes of this chapter. Acts 1983, 68th Leg., p. 3535, ch. 576, § ... (a) This section applies to notices required by Subchapters B through G and K. (b) Any notice or other written communication may be delivered in ... (a) A person has a lien if: (1) the person labors, specially fabricates material, or furnishes labor or materials for construction or repair in this ... (a) The lien extends to the house, building, fixtures, or improvements, the land reclaimed from overflow, or the railroad and all of its properties, and ... The lien secures payment for: (1) the labor done or material furnished for the construction or repair; (2) the specially fabricated material, even if the ... The amount of a lien claimed by a subcontractor may not exceed: (1) an amount equal to the proportion of the total subcontract price that ... A lien for retainage is valid only for the amount specified to be retained in the contract, including any amendments to the contract, between the ... (a) A person who labors, specially fabricates materials, or furnishes labor or materials under a direct contractual relationship with another person is considered to be ... To perfect the lien, a person must comply with this subchapter. Acts 1983, 68th Leg., p. 3538, ch. 576, § 1, eff. Jan. 1, 1984. ... (a) Except as provided by Subsection (b), the person claiming the lien must file an affidavit with the county clerk of the county in which ... (a) For purposes of Section 53.052, indebtedness accrues on a contract under which a plan or plat is prepared, labor was performed, materials furnished, or ... (a) The affidavit must be signed by the person claiming the lien or by another person on the claimant's behalf and must contain substantially: (1) ... (a) A person who files an affidavit must send a copy of the affidavit by registered or certified mail to the owner or reputed owner ... (a) Except as provided by Subchapter K, a claimant other than an original contractor must give the notice prescribed by this section for the lien ... (a) A claimant may give notice under this section instead of or in addition to notice under Section 53.056 or 53.252 if the claimant is ... (a) Except as provided by Subchapter K, a claimant who specially fabricates material must give notice under this section for the lien to be valid. ... (a) If an owner receives notice under Section 53.056, 53.057, 53.058, 53.252, or 53.253, the owner may withhold from payments to the original contractor an ... Unless payment is made under Section 53.083 or the claim is otherwise settled, discharged, indemnified against under Subchapter H or I, or determined to be ... (a) The claimant may make written demand for payment of the claim to an owner authorized to withhold funds under this subchapter. The demand must ... (a) Except for the amount required to be retained under Subchapter E, the owner is not liable for any amount paid to the original contractor ... (a) Any person who furnishes labor or materials for the construction of improvements on real property shall, if requested and as a condition of payment ... (a) During the progress of work under an original contract for which a mechanic's lien may be claimed and for 30 days after the work ... The retained funds secure the payment of artisans and mechanics who perform labor or service and the payment of other persons who furnish material, material ... A claimant has a lien on the retained funds if the claimant: (1) sends the notices required by this chapter in the time and manner ... (a) Individual artisans and mechanics are entitled to a preference to the retained funds and shall share proportionately to the extent of their claims for ... (a) If the owner fails or refuses to comply with this subchapter, the claimants complying with this chapter have a lien, at least to the ... (a) An owner may file with the county clerk of the county in which the property is located an affidavit of completion. The affidavit must ... (a) Not later than the 10th day after the date an original contract is terminated or the original contractor abandons performance under the original contract, ... All subcontractors, laborers, and materialmen who have a mechanic's lien have preference over other creditors of the original contractor. Acts 1983, 68th Leg., p. 3546, ... (a) Except as provided by Subchapter E and Section 53.124(e), perfected mechanic's liens are on equal footing without reference to the date of filing the ... (a) Except as provided by this section, a mechanic's lien attaches to the house, building, improvements, or railroad property in preference to any prior lien, ... (a) Except as provided by Subsection (e), for purposes of Section 53.123, the time of inception of a mechanic's lien is the commencement of construction ... (a) A creditor of an original contractor may not collect, enforce a security interest against, garnish, or levy execution on the money due the original ... (a) When a debt for labor or materials is satisfied or paid by collected funds, the person who furnished the labor or materials shall, not ... (a) If an affidavit claiming a mechanic's lien is filed by a person other than the original contractor, the original contractor shall defend at his ... A mechanic's lien may be foreclosed only on judgment of a court of competent jurisdiction foreclosing the lien and ordering the sale of the property ... If the house, building, improvement, or any piece of railroad property is sold separately, the officer making the sale shall place the purchaser in possession. ... In any proceeding to foreclose a lien or to enforce a claim against a bond issued under Subchapter H, I, or J or in any ... A mechanic's lien or affidavit claiming a mechanic's lien filed under Section 53.052 may be discharged of record by: (1) recording a lien release signed ... (a) Except as provided by Subsection (b), suit must be brought to foreclose the lien within two years after the last day a claimant may ... (a) An owner, on written request, shall furnish the following information within a reasonable time, but not later than the 10th day after the date ... (a) In a suit brought to foreclose a lien or to declare a claim or lien invalid or unenforceable, a party objecting to the validity ... (a) In the order removing a lien, the court shall set the amount of security that the claimant may provide in order to stay the ... (a) If an order removing the lien is not stayed as provided by Section 53.161 and the claimant later obtains a final judgment in the ... (a) If a lien, other than a lien granted by the owner in a written contract, is fixed or is attempted to be fixed by ... The bond must: (1) describe the property on which the liens are claimed; (2) refer to each lien claimed in a manner sufficient to identify ... (a) After the bond is filed, the county clerk shall issue notice of the bond to all named obligees. (b) A copy of the bond ... (a) The county clerk shall record the bond, the notice, and a certificate of mailing in the real property records. (b) In acquiring an interest ... (a) A party making or holding a lien claim may not sue on the bond later than one year after the date on which the ... (a) An original contractor who has a written contract with the owner may furnish at any time a bond for the benefit of claimants. (b) ... The bond must: (1) be in a penal sum at least equal to the total of the original contract amount; (2) be in favor of ... (a) The bond and the contract between the original contractor and the owner shall be filed with the county clerk of the county in which ... A purchaser, lender, or other person acquiring an interest in the owner's property or an insurer of title is entitled to rely on the record ... (a) The bond protects all persons with a claim that is: (1) perfected in the manner prescribed for fixing a lien under Subchapter C or, ... (a) To perfect a claim against a bond in a manner other than that prescribed by Subchapter C or K for fixing a lien, a ... (a) If the owner receives any of the notices or a lien is fixed under Subchapter C or K, the owner shall mail to the ... (a) A claimant may sue the principal and surety on the bond either jointly or severally, if his claim remains unpaid for 60 days after ... If valid claims against the bond exceed the penal sum of the bond, each claimant is entitled to a pro rata share of the penal ... (a) A bond shall be construed to comply with this subchapter, and the rights and remedies on the bond are enforceable in the same manner ... A person who furnishes material or labor to a contractor under a prime contract that does not exceed $25,000 and that is for public improvements ... The lien claimant must send written notice of his claim by registered or certified mail to: (1) the officials of the state, county, town, or ... (a) Whether based on written or oral agreement, the notice must contain: (1) the amount claimed; (2) the name of the party to whom the ... The lien claimant must give notice before any payment is made to the contractor and not later than the 15th day of the second month ... A public official who receives the notice may not pay all of the money, bonds, or warrants due the contractor, but shall retain enough to ... (a) If a claim is filed attempting to fix a lien under this subchapter, the contractor against whom the claim is made may file a ... The bond must be: (1) in an amount double the amount of the claims filed; (2) payable to the claimants; (3) executed by: (A) the ... The official with whom the bond is filed shall send an exact copy of the bond by registered mail or certified mail, return receipt requested, ... (a) A claimant must sue on the bond within six months after the bond is filed. (b) The bond is not exhausted by one action ... (a) This subchapter applies only to residential construction projects. (b) A person must comply with this subchapter in addition to the other applicable provisions of ... (a) A claimant other than an original contractor must give the notice prescribed by this section for the lien to be valid. If the property ... (a) If specially fabricated materials have not been delivered to the property or incorporated in the residential construction project, the claimant who specially fabricates material ... (a) To fix a lien on a homestead, the person who is to furnish material or perform labor and the owner must execute a written ... (a) Before a residential construction contract is executed by the owner, the original contractor shall deliver to the owner a disclosure statement described by this ... (a) Except as provided by Subsection (d), for the construction of improvements under a residential construction contract, the original contractor shall: (1) furnish to the ... (a) If the owner is obtaining third-party financing for the construction of improvements under a residential construction contract, the lender shall deliver to the owner ... (a) At the time the original contractor requests payment from the owner or the owner's lender for the construction of improvements under a residential construction ... (a) As a condition of final payment under a residential construction contract, the original contractor shall, at the time the final payment is tendered, execute ... An original contractor may not require an owner of real property to convey the real property to the original contractor or an entity controlled by ... Last modified: August 10, 2007 |