Legal Question in Construction Law in Texas

Materialmens Lien

What is the timeframe for filing a materialmens lien? Is it 60 or 90 days from date of service? Please verify. We provided services on behalf of a builder and the builder did not pay us in full for the service. We filed a lien against the property; however, the builder had sold the house at the time the lien was filed. The current owner is trying to sell his house and our lien is preventing him from doing so. We billed for services 3/7/01 and the lien was recorded in Travis County on 7/9/01. Do we have any recourse or will we have to release the lien?

Thanks


Asked on 12/18/02, 11:51 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Materialmens Lien

Since you were in privity with the owner of the property, you had to file your lien not later than the 15th day of the fourth calendar month after the date when the indebtedness accrued.

If the work was completed in March, 2001, you had to file your lien affidavit not later than July 15, 2001. But if the work was completed in February but not billed until March, then you missed the deadline by a month.

If you missed the deadline, you'll have to release the lien, otherwise you'll have a cloud upon the owner's title. If you're under the wire, then your lien should still be good, although that may result in a lawsuit. There are legal questions concerning the notice provisions that are up in the air, and I don't have a hard and fast answer for you.

Read more
Answered on 12/18/02, 4:56 pm


Related Questions & Answers

More Construction Law questions and answers in Texas