Re: machenics lein / texas Roo

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I don't know what happened. Tried to copy a single section, but the
whole damn chapter appeared.

On 3/15/05, Curmudgeon wrote:
> TEXAS PROPERTY CODE
> [Mechanic's Lien Statutes in effect as of August 1, 2003]
> [Does not include any changes which may become effective at a later
> date]
>
> CHAPTER 53. MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S LIEN
>
> TABLE OF CONTENTS
>
> SUBCHAPTER A. GENERAL PROVISIONS
>
>
> § 53.001. Definitions
>
> § 53.002. More Than One Original Contractor
>
> § 53.003. Notices"
>
> § 53.004. reserved for expansion
>
> § 53.020. reserved for expansion
> SUBCHAPTER B PERSONS ENTITLED TO LIEN; SUBJECT PROPERTY
>
>
> § 53.021. Persons Entitled to Lien
>
> § 53.022. Property to Which Lien Extends
>
> § 53.023. Payment Secured by Lien
>
> § 53.024. Limitation on Subcontractor's Lien
>
> § 53.025. Limitation on Ordinary Retainage Lien
>
> § 53.026. Sham Contract
>
> § 53.027. reserved for expansion
>
> § 53.028. reserved for expansion
> SUBCHAPTER C PROCEDURE FOR PERFECTING LIEN
>
>
> § 53.051. Necessary Procedures
>
> § 53.052. Filing of Affidavit
>
> § 53.053. Accrual of Indebtedness
>
> § 53.054. Contents of Affidavit
>
> § 53.055. Notice of Filed Affidavit
>
> § 53.056. Derivative Claimant: Notice to Owner or Original
> Contractor
>
> § 53.057. Derivative Claimant: Notice for Contractual Retainage
> Claim
>
> § 53.058. Derivative Claimant: Notice for Specially Fabricated Items
>
> § 53.059. Repealed by Acts 1997, 75th Leg., ch. 526, s 24, eff.
> Sept. 1, 1997
>
> § 53.060. reserved for expansion
>
> § 53.080. reserved for expansion
> SUBCHAPTER D FUNDS WITHHELD BY OWNER FOLLOWING NOTICE
>
>
> § 53.081. Authority to Withhold Funds for Benefit of Claimants
>
> § 53.082. Time for Which Funds are Withheld
>
> § 53.083. Payment to Claimant on Demand
>
> § 53.084. Owner's Liability
>
> § 53.085. Affidavit Required
>
> § 53.086. reserved for expansion
>
> § 53.100. reserved for expansion
> SUBCHAPTER E REQUIRED RETAINAGE FOR BENEFIT OF LIEN CLAIMANTS
>
>
> § 53.101. Required Retainage
>
> § 53.102. Payment Secured by Retainage
>
> § 53.103. Lien on Retained Funds
>
> § 53.104. Preferences
>
> § 53.105. Owner's Liability for Failure to Retain
>
> § 53.106. Affidavit of Completion
>
> § 53.107. reserved for expansion
>
> § 53.120. reserved for expansion
> SUBCHAPTER F PRIORITIES AND PREFERENCES
>
>
> § 53.121. Preference Over Other Creditors
>
> § 53.122. Equality of Mechanic's Liens
>
> § 53.123. Priority of Mechanic's Lien Over Other Liens
>
> § 53.124. Inception of Mechanic's Lien
>
> § 53.125. reserved for expansion
>
> § 53.150. reserved for expansion
> SUBCHAPTER G RELEASE AND FORECLOSURE; ACTION ON CLAIM
>
>
> § 53.151. Enforcement of Remedies Against Money Due Original
> Contractor
>
> or Subcontractor
>
> § 53.152. Release of Claim or Lien
>
> § 53.153. Defense of Actions
>
> § 53.154. Foreclosure
>
> § 53.155. Transfer of Property Sold
>
> § 53.156. Costs and Attorney's Fees
>
> § 53.157. Discharge of Lien
>
> § 53.158. Period for Bringing Suit to Foreclose Lien
>
> § 53.159. Obligation to Furnish Information
>
> § 53.160. Summary Motion to Remove Invalid or Unenforceable Lien
>
> § 53.161. Bond Requirements After Order to Remove
>
> § 53.162. Revival of Removed Lien
>
> § 53.163. reserved for expansion
>
> § 53.170. reserved for expansion
> SUBCHAPTER H BOND TO INDEMNIFY AGAINST LIEN
>
>
> § 53.171. Bond
>
> § 53.172. Bond Requirements
>
> § 53.173. Notice of Bond
>
> § 53.174. Recording of Bond and Notice
>
> § 53.175. Action on Bond
>
> § 53.176. Repealed by Acts 1989, 71st Leg., ch. 1138, s 39(2), eff.
> Sept. 1, 1989
>
> § 53.177. reserved for expansion
>
> § 53.200. reserved for expansion
> SUBCHAPTER I BOND TO PAY LIENS OR CLAIMS
>
>
> § 53.201. Bond
>
> § 53.202. Bond Requirements
>
> § 53.203. Recording of Bond and Contract
>
> § 53.204. Reliance on Record
>
> § 53.205. Enforceable Claims
>
> § 53.206. Perfection of Claim
>
> § 53.207. Owner's Notice of Claim to Surety
>
> § 53.208. Action on Bond
>
> § 53.209. Repealed by Acts 1989, 71st Leg., ch. 1138, s 39(3), eff.
> Sept. 1, 1989
>
> § 53.210. Claims in Excess of Bond Amount
>
> § 53.211. Attempted Compliance
>
> § 53.212. reserved for expansion
>
> § 53.230. reserved for expansion
> SUBCHAPTER J LIEN ON MONEY DUE PUBLIC WORKS CONTRACTOR
>
>
> § 53.231. Lien
>
> § 53.232. To Whom Notice Given; Manner
>
> § 53.233. Contents of Notice
>
> § 53.234. Time for Notice
>
> § 53.235. Official to Retain Funds
>
> § 53.236. Bond for Release of Lien
>
> § 53.237. Bond Requirements
>
> § 53.238. Notice of Bond
>
> § 53.239. Action on Bond
>
> § 53.240. Repealed by Acts 1989, 71st Leg., ch. 1138, s 39(4), eff.
> Sept. 1, 1989
> SUBCHAPTER K RESIDENTIAL CONSTRUCTION PROJECTS
>
>
> § 53.251. Procedures for Residential Construction Projects
>
> § 53.252. Derivative Claimant: Notice to Owner or Original
> Contractor
>
> § 53.253. Derivative Claimant: Notice for Specially Fabricated Items
>
> § 53.254. Homestead
>
> § 53.255. Disclosure Statement Required for Residential Construction
> Contract
>
> § 53.256. List of Subcontractors and Suppliers
>
> § 53.257. Provisions Related to Closing of Loan for Construction of
> Improvements
>
> § 53.258. Disbursements of Funds
>
> § 53.259. Final Bills-Paid Affidavit Required
>
> § 53.260. Conveyance to Contractor Not Required
>
> CHAPTER 53. MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S LIEN
>
>
> SUBCHAPTER A. GENERAL PROVISIONS
>
> § 53.001. Definitions
>
> 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) "Improvement" includes:
>
> (A) abutting sidewalks and streets and utilities in or on those
> sidewalks and streets;
>
> (B) clearing, grubbing, draining, or fencing of land;
>
> (C) wells, cisterns, tanks, reservoirs, or artificial lakes or pools
> made for supplying or storing water;
>
> (D) pumps, siphons, and windmills or other machinery or apparatuses
> used for raising water for stock, domestic use, or irrigation; and
>
> (E) planting orchard trees, grubbing out orchards and replacing
> trees, and pruning of orchard trees.
>
> (3) "Labor" means labor used in the direct prosecution of the work.
>
> (4) "Material" means all or part of:
>
> (A) the material, machinery, fixtures, or tools incorporated into
> the work, consumed in the direct prosecution of the work, or ordered
> and delivered for incorporation or consumption;
>
> (B) rent at a reasonable rate and actual running repairs at a
> reasonable cost for construction equipment used or reasonably
> required and delivered for use in the direct prosecution of the work
> at the site of the construction or repair; or
>
> (C) power, water, fuel, and lubricants consumed or ordered and
> delivered for consumption in the direct prosecution of the work.
>
> (5) "Mechanic's lien" means the lien provided by this chapter.
>
> (6) "Original contract" means an agreement to which an owner is a
> party either directly or by implication of law.
>
> (7) "Original contractor" means a person contracting with an owner
> either directly or through the owner's agent.
>
> (8) "Residence" means a single-family house, duplex, triplex, or
> quadruplex or a unit in a multiunit structure used for residential
> purposes that is:
>
> (A) owned by one or more adult persons; and (B) used or intended to
> be used as a dwelling by one of the owners.
>
> (9) "Residential construction contract" means a contract between an
> owner and a contractor in which the contractor agrees to construct
> or repair the owner's residence, including improvements appurtenant
> to the residence.
>
> (10) "Residential construction project" means a project for the
> construction or repair of a new or existing residence, including
> improvements appurtenant to the residence, as provided by a
> residential construction contract.
>
> (11) "Retainage" means an amount representing part of a contract
> payment that is not required to be paid to the claimant within the
> month following the month in which labor is performed, material is
> furnished, or specially fabricated material is delivered. The term
> does not include retainage under Subchapter E. [FN1]
>
> (12) "Specially fabricated material" means material fabricated for
> use as a component of the construction or repair so as to be
> reasonably unsuitable for use elsewhere.
>
> (13) "Subcontractor" means a person who has furnished labor or
> materials to fulfill an obligation to an original contractor or to a
> subcontractor to perform all or part of the work required by an
> original contract.
>
> (14) "Work" means any part of construction or repair performed under
> an original contract.
>
> (15) "Completion" of an original contract means the actual
> completion of the work, including any extras or change orders
> reasonably required or contemplated under the original contract,
> other than warranty work or replacement or repair of the work
> performed under the contract.
> § 53.002. More Than One Original Contractor
>
> On any work there may be more than one original contractor for
> purposes of this chapter.
>
> § 53.003. Notices
>
>
> (a) This section applies to notices required by Subchapters B
> through G and K. [FN1]
>
> (b) Any notice or other written communication may be delivered in
> person to the party entitled to the notice or to that party's agent,
> regardless of the manner prescribed by law.
>
> (c) If notice is sent by registered or certified mail, deposit or
> mailing of the notice in the United States mail in the form required
> constitutes compliance with the notice requirement. This subsection
> does not apply if the law requires receipt of the notice by the
> person to whom it is directed.
>
> (d) If a written notice is received by the person entitled to
> receive it, the method by which the notice was delivered is
> immaterial.
> [Sections 53.004 to 53.020 reserved for expansion]
>
> SUBCHAPTER B PERSONS ENTITLED TO LIEN; SUBJECT PROPERTY
>
> § 53.021. Persons Entitled to Lien
>
>
> (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 state of:
>
> (A) a house, building, or improvement;
>
> (B) a levee or embankment to be erected for the reclamation of
> overflow land along a river or creek; or
>
> (C) a railroad; and
>
> (2) the person labors, specially fabricates the material, or
> furnishes the labor or materials under or by virtue of a contract
> with the owner or the owner's agent, trustee, receiver, contractor,
> or subcontractor.
>
> (b) A person who specially fabricates material has a lien even if
> the material is not delivered.
>
> (c) An architect, engineer, or surveyor who prepares a plan or plat
> under or by virtue of a written contract with the owner or the
> owner's agent, trustee, or receiver in connection with the actual or
> proposed design, construction, or repair of improvements on real
> property or the location of the boundaries of real property has a
> lien on the property.
>
> (d) A person who provides labor, plant material, or other supplies
> for the installation of landscaping for a house, building, or
> improvement, including the construction of a retention pond,
> retaining wall, berm, irrigation system, fountain, or other similar
> installation, under or by virtue of a written contract with the
> owner or the owner's agent, trustee, or receiver has a lien on the
> property.
> § 53.022. Property to Which Lien Extends
>
>
> (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 to each lot of land necessarily connected
> or reclaimed.
>
> (b) The lien does not extend to abutting sidewalks, streets, and
> utilities that are public property.
>
> (c) A lien against land in a city, town, or village extends to each
> lot on which the house, building, or improvement is situated or on
> which the labor was performed.
>
> (d) A lien against land not in a city, town, or village extends to
> not more than 50 acres on which the house, building, or improvement
> is situated or on which the labor was performed.
> § 53.023. Payment Secured by Lien
>
>
> 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 material has not
> been delivered or incorporated into the construction or repair, less
> its fair salvage value; or
>
> (3) the preparation of a plan or plat by an architect, engineer, or
> surveyor in accordance with Section 53.021(c).
> § 53.024. Limitation on Subcontractor's Lien
>
>
> 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 the sum of the labor performed, materials furnished, materials
> specially fabricated, reasonable overhead costs incurred, and
> proportionate profit margin bears to the total subcontract price;
> minus
>
> (2) the sum of previous payments received by the claimant on the
> subcontract.
> § 53.025. Limitation on Ordinary Retainage Lien
>
>
> 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 claimant and the original contractor or between the
> claimant and a subcontractor.
> § 53.026. Sham Contract
>
>
> (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 in direct contractual
> relationship with the owner and has a lien as an original
> contractor, if:
>
> (1) the owner contracted with the other person for the construction
> or repair of a house, building, or improvements and the owner can
> effectively control that person through ownership of voting stock,
> interlocking directorships, or otherwise;
>
> (2) the owner contracted with the other person for the construction
> or repair of a house, building, or improvements and that other
> person can effectively control the owner through ownership of voting
> stock, interlocking directorships, or otherwise; or
>
> (3) the owner contracted with the other person for the construction
> or repair of a house, building, or improvements and the contract was
> made without good faith intention of the parties that the other
> person was to perform the contract.
>
> (b) In this section, "owner" does not include a person who has or
> claims a security interest only.
> [Sections 53.027 to 53.050 reserved for expansion]
>
>
> SUBCHAPTER C PROCEDURE FOR PERFECTING LIEN
>
> § 53.051. Necessary Procedures
>
>
> To perfect the lien, a person must comply with this subchapter.
> § 53.052. Filing of Affidavit
>
>
> (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 the property is located or into which the railroad extends not
> later than the 15th day of the fourth calendar month after the day
> on which the indebtedness accrues.
>
> (b) A person claiming a lien arising from a residential construction
> project must file an affidavit with the county clerk of the county
> in which the property is located not later than the 15th day of the
> third calendar month after the day on which the indebtedness
> accrues.
>
> (c) The county clerk shall record the affidavit in records kept for
> that purpose and shall index and cross-index the affidavit in the
> names of the claimant, the original contractor, and the owner.
> Failure of the county clerk to properly record or index a filed
> affidavit does not invalidate the lien.
> § 53.053. Accrual of Indebtedness
>
>
> (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 specially fabricated materials
> are to be furnished in accordance with this section.
>
> (b) Indebtedness to an original contractor accrues:
>
> (1) on the last day of the month in which a written declaration by
> the original contractor or the owner is received by the other party
> to the original contract stating that the original contract has been
> terminated; or
>
> (2) on the last day of the month in which the original contract has
> been completed, finally settled, or abandoned.
>
> (c) Indebtedness to a subcontractor, or to any person not covered by
> Subsection (b) or (d), who has furnished labor or material to an
> original contractor or to another subcontractor accrues on the last
> day of the last month in which the labor was performed or the
> material furnished.
>
> (d) Indebtedness for specially fabricated material accrues:
>
> (1) on the last day of the last month in which materials were
> delivered;
>
> (2) on the last day of the last month in which delivery of the last
> of the material would normally have been required at the job site;
> or
>
> (3) on the last day of the month of any material breach or
> termination of the original contract by the owner or contractor or
> of the subcontract under which the specially fabricated material was
> furnished.
>
> (e) A claim for retainage accrues on the last day of the month in
> which all work called for by the contract between the owner and the
> original contractor has been completed, finally settled, or
> abandoned.
> § 53.054. Contents of Affidavit
>
>
> (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 sworn statement of the amount of the claim;
>
> (2) the name and last known address of the owner or reputed owner;
>
> (3) a general statement of the kind of work done and materials
> furnished by the claimant and, for a claimant other than an original
> contractor, a statement of each month in which the work was done and
> materials furnished for which payment is requested;
>
> (4) the name and last known address of the person by whom the
> claimant was employed or to whom the claimant furnished the
> materials or labor;
>
> (5) the name and last known address of the original contractor;
>
> (6) a description, legally sufficient for identification, of the
> property sought to be charged with the lien;
>
> (7) the claimant's name, mailing address, and, if different,
> physical address; and
>
> (8) for a claimant other than an original contractor, a statement
> identifying the date each notice of the claim was sent to the owner
> and the method by which the notice was sent.
>
> (b) The claimant may attach to the affidavit a copy of any
> applicable written agreement or contract and a copy of each notice
> sent to the owner.
>
> (c) The affidavit is not required to set forth individual items of
> work done or material furnished or specially fabricated.
>
> The affidavit may use any abbreviations or symbols customary in the
> trade.
> § 53.055. Notice of Filed Affidavit
>
>
> (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 at the owner's last known business or residence address not
> later than the fifth day after the date the affidavit is filed with
> the county clerk.
>
> (b) If the person is not an original contractor, the person must
> also send a copy of the affidavit to the original contractor at the
> original contractor's last known business or residence address
> within the same period.
> § 53.056. Derivative Claimant: Notice to Owner or Original
> Contractor
>
>
> (a) Except as provided by Subchapter K, [FN1] a claimant other than
> an original contractor must give the notice prescribed by this
> section for the lien to be valid.
>
> (b) If the lien claim arises from a debt incurred by a
> subcontractor, the claimant must give to the original contractor
> written notice of the unpaid balance. The claimant must give the
> notice not later than the 15th day of the second month following
> each month in which all or part of the claimant's labor was
> performed or material delivered. The claimant must give the same
> notice to the owner or reputed owner and the original contractor not
> later than the 15th day of the third month following each month in
> which all or part of the claimant's labor was performed or material
> or specially fabricated material was delivered.
>
> (c) If the lien claim arises from a debt incurred by the original
> contractor, the claimant must give notice to the owner or reputed
> owner, with a copy to the original contractor, in accordance with
> Subsection (b).
>
> (d) To authorize the owner to withhold funds under Subchapter D,
> [FN2] the notice to the owner must state that if the claim remains
> unpaid, the owner may be personally liable and the owner's property
> may be subjected to a lien unless:
>
> (1) the owner withholds payments from the contractor for payment of
> the claim; or
>
> (2) the claim is otherwise paid or settled.
>
> (e) The notice must be sent by registered or certified mail and must
> be addressed to the owner or reputed owner or the original
> contractor, as applicable, at his last known business or residence
> address.
>
> (f) A copy of the statement or billing in the usual and customary
> form is sufficient as notice under this section.
> § 53.057. Derivative Claimant: Notice for Contractual Retainage
> Claim
>
>
> (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
> to labor, furnish labor or materials, or specially fabricate
> materials under an agreement with an original contractor or a
> subcontractor providing for retainage.
>
> (b) The claimant must give the owner or reputed owner notice of the
> retainage agreement not later than the 15th day of the second month
> following the delivery of materials or the performance of labor by
> the claimant that first occurs after the claimant has agreed to the
> contractual retainage. If the agreement is with a subcontractor, the
> claimant must also give notice within that time to the original
> contractor.
>
> (c) The notice must contain:
>
> (1) the sum to be retained;
>
> (2) the due date or dates, if known; and
>
> (3) a general indication of the nature of the agreement.
>
> (d) The notice must be sent by registered or certified mail to the
> last known business or residence address of the owner or reputed
> owner or the original contractor, as applicable.
>
> (e) If a claimant gives notice under this section and Section 53.055
> or, if the claim relates to a residential construction project,
> under this section and Section 53.252, the claimant is not required
> to give any other notice as to the retainage.
> § 53.058. Derivative Claimant: Notice for Specially Fabricated Items
>
>
> (a) Except as provided by Subchapter K, [FN1] a claimant who
> specially fabricates material must give notice under this section
> for the lien to be valid.
>
> (b) The claimant must give the owner or reputed owner notice not
> later than the 15th day of the second month after the month in which
> the claimant receives and accepts the order for the material. If the
> indebtedness is incurred by a person other than the original
> contractor, the claimant must also give notice within that time to
> the original contractor.
>
> (c) The notice must contain:
>
> (1) a statement that the order has been received and accepted; and
>
> (2) the price of the order.
>
> (d) The notice must be sent by registered or certified mail to the
> last known business or residence address of the owner or the reputed
> owner or the original contractor, as applicable.
> (e) In addition to notice under this section, the claimant must give
> notice under Section 53.056 if delivery has been made or if the
> normal delivery time for the job has passed.
>
>
> (f) The lien of a claimant who accepts an order but fails to give
> notice under this section is valid as to delivered items if the
> claimant has given notice under Section 53.056.
>
> (g) If a retainage agreement consists in whole or part of an
> obligation to furnish specially fabricated materials and the
> claimant has given notice under Section 53.057, the claimant is not
> required to give notice under this section.
> § 53.059. Repealed by Acts 1997, 75th Leg., ch. 526, § 24, eff.
> Sept. 1, 1997
>
> [Sections 53.060 to 53.080 reserved for expansion]
>
> SUBCHAPTER D FUNDS WITHHELD BY OWNER FOLLOWING NOTICE
>
> § 53.081. Authority to Withhold Funds for Benefit of Claimants
>
>
> (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 amount necessary to pay the claim for
> which he receives notice.
>
> (b) If notice is sent in a form that substantially complies with
> Section 53.056 or 53.252, the owner may withhold the funds
> immediately on receipt of the notice.
>
> (c) If notice is sent under Section 53.057, the owner may withhold
> funds immediately on receipt of a copy of the claimant's affidavit
> prepared in accordance with Sections 53.052 through 53.055.
>
> (d) If notice is sent under Section 53.058, the owner may withhold
> funds immediately on receipt of the notices sent under Subsection
> (e) of that section. If notice is sent as provided by Section 53.253
> (b), the owner may withhold funds immediately on receipt of the
> notice sent as required by Section 53.252.
> § 53.082. Time for Which Funds are Withheld
>
>
> Unless payment is made under Section 53.083 or the claim is
> otherwise settled, discharged, indemnified against under Subchapter
> H or I, [FN1] or determined to be invalid by a final judgment of a
> court, the owner shall retain the funds withheld until:
>
> (1) the time for filing the affidavit of mechanic's lien has passed;
> or
>
> (2) if a lien affidavit has been filed, until the lien claim has
> been satisfied or released.
> § 53.083. Payment to Claimant on Demand
>
>
> (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 give notice to the owner that all or part of the claim
> has accrued under Section 53.053 or is past due according to the
> agreement between the parties.
>
> (b) The claimant must send a copy of the demand to the original
> contractor. The original contractor may give the owner written
> notice that the contractor intends to dispute the claim. The
> original contractor must give the notice not later than the 30th day
> after the day he receives the copy of the demand. If the original
> contractor does not give the owner timely notice, he is considered
> to have assented to the demand and the owner shall pay the claim.
>
> (c) The claimant's demand may accompany the original notice of
> nonpayment or of a past-due claim and may be stamped or written in
> legible form on the face of the notice.
>
> (d) Unless the lien has been secured, the demand may not be made
> after expiration of the time within which the claimant may secure
> the lien for the claim.
> § 53.084. Owner's Liability
>
>
> (a) Except for the amount required to be retained under Subchapter
> E, [FN1] the owner is not liable for any amount paid to the original
> contractor before the owner is authorized to withhold funds under
> this subchapter.
>
> (b) If the owner has received the notices required by Subchapter C
> [FN2] or K, [FN3] if the lien has been secured, and if the claim has
> been reduced to final judgment, the owner is liable and the owner's
> property is subject to a claim for any money paid to the original
> contractor after the owner was authorized to withhold funds under
> this subchapter. The owner is liable for that amount in addition to
> any amount for which he is liable under Subchapter E.
> § 53.085. Affidavit Required
>
>
> (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 for such labor or materials, provide to the
> requesting party, or the party's agent, an affidavit stating that
> the person has paid each of the person's subcontractors, laborers,
> or materialmen in full for all labor and materials provided to the
> person for the construction. In the event, however, that the person
> has not paid each of the person's subcontractors, laborers, or
> materialmen in full, the person shall state in the affidavit the
> amount owed and the name and, if known, the address and telephone
> number of each subcontractor, laborer, or materialman to whom the
> payment is owed.
>
> (b) The seller of any real property shall, upon request by the
> purchaser or the purchaser's agent prior to closing of the purchase
> of the real property, provide to the purchaser or the purchaser's
> agent, a written affidavit stating that the seller has paid each of
> the seller's contractors, laborers, or materialmen in full for all
> labor and materials provided to the seller through the date
> specified in the affidavit for any construction of improvements on
> the real property and that the seller is not indebted to any person,
> firm, or corporation by reason of any such construction through the
> date specified in the affidavit. In the event that the seller has
> not paid each of the seller's contractors, laborers, or materialmen
> in full for labor and material provided through the date specified
> in the affidavit, the seller shall state in the affidavit the amount
> owed and the name and, if known, the address and telephone number of
> each contractor, laborer, or materialman to whom the payment is
> owed.
>
> (c) The affidavit may include:
>
> (1) a waiver or release of lien rights by the affiant that is
> conditioned on the receipt of actual payment or collection of funds
> when payment is made by check or draft;
>
> (2) a warranty or representation that certain bills or classes of
> bills will be paid by the affiant from funds paid in reliance on the
> affidavit; and
>
> (3) an indemnification by the affiant for any loss or expense
> resulting from false or incorrect information in the affidavit.
>
> (d) A person, including a seller, commits an offense if the person
> intentionally, knowingly, or recklessly makes a false or misleading
> statement in an affidavit under this section. An offense under this
> section is a misdemeanor. A person adjudged guilty of an offense
> under this section shall be punished by a fine not to exceed $4,000
> or confinement in jail for a term not to exceed one year or both a
> fine and confinement. A person may not receive community supervision
> for the offense.
>
> (e) A person signing an affidavit under this section is personally
> liable for any loss or damage resulting from any false or incorrect
> information in the affidavit.
> [Sections 53.086 to 53.100 reserved for expansion]
>
> SUBCHAPTER E REQUIRED RETAINAGE FOR BENEFIT OF LIEN CLAIMANTS
>
> § 53.101. Required Retainage
>
>
> (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 is
> completed, the owner shall retain:
>
> (1) 10 percent of the contract price of the work to the owner; or
>
> (2) 10 percent of the value of the work, measured by the proportion
> that the work done bears to the work to be done, using the contract
> price or, if there is no contract price, using the reasonable value
> of the completed work.
>
> (b) In this section, "owner" includes the owner's agent, trustee, or
> receiver.
> § 53.102. Payment Secured by Retainage
>
>
> 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 and labor, or specially fabricated
> material for any contractor, subcontractor, agent, or receiver in
> the performance of the work.
> § 53.103. Lien on Retained Funds
>
>
> 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 required; and
>
> (2) files an affidavit claiming a lien not later than the 30th day
> after the work is completed.
> § 53.104. Preferences
>
>
> (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 wages and fringe benefits earned.
>
> (b) After payment of artisans and mechanics who are entitled to a
> preference under Subsection (a), other participating claimants share
> proportionately in the balance of the retained funds.
> § 53.105. Owner's Liability for Failure to Retain
>
>
> (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 extent of the amount that should have been retained from the
> original contract under which they are claiming, against the house,
> building, structure, fixture, or improvement and all of its
> properties and against the lot or lots of land necessarily
> connected.
>
> (b) The claimants share the lien proportionately in accordance with
> the preference provided by Section 53.104.
> § 53.106. Affidavit of Completion
>
>
> (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 contain:
>
> (1) the name and address of the owner;
>
> (2) the name and address of the original contractor;
>
> (3) a description, legally sufficient for identification, of the
> real property on which the improvements are located;
>
> (4) a description of the improvements furnished under the original
> contract;
>
> (5) a statement that the improvements under the original contract
> have been completed and the date of completion; and
>
> (6) a conspicuous statement that a claimant may not have a lien on
> retained funds unless the claimant files the affidavit claiming a
> lien not later than the 30th day after the date of completion.
>
> (b) A copy of the affidavit must be sent by certified or registered
> mail to the original contractor not later than the date the
> affidavit is filed and to each claimant who sends a notice of lien
> liability to the owner under Section 53.056, 53.057, 53.058, 53.252,
> or 53.253 not later than the date the affidavit is filed or the 10th
> day after the date the owner receives the notice of lien liability,
> whichever is later.
>
> (c) A copy of the affidavit must also be sent to each person who
> furnishes labor or materials for the property and who furnishes the
> owner with a written request for the copy. The owner must furnish
> the copy to the person not later than the date the affidavit is
> filed or the 10th day after the date the request is received,
> whichever is later.
>
> (d) Except as provided by this subsection, an affidavit filed under
> this section on or before the 10th day after the date of completion
> of the improvements is prima facie evidence of the date the work
> under the original contract is completed for purposes of this
> subchapter. If the affidavit is filed after the 10th day after the
> date of completion, the date of completion for purposes of this
> subchapter is the date the affidavit is filed. This subsection does
> not apply to a person to whom the affidavit was not sent as required
> by this section.
>
> (e) Repealed by Acts 1999, 76th Leg., ch. 889, § 12, eff. Sept. 1,
> 1999.
> [Sections 53.107 to 53.120 reserved for expansion]
>
> SUBCHAPTER F PRIORITIES AND PREFERENCES
>
> § 53.121. Preference Over Other Creditors
>
>
> All subcontractors, laborers, and materialmen who have a mechanic's
> lien have preference over other creditors of the original
> contractor.
> § 53.122. Equality of Mechanic's Liens
>
>
> (a) Except as provided by Subchapter E [FN1] and Section 53.124(e),
> perfected mechanic's liens are on equal footing without reference to
> the date of filing the affidavit claiming the lien.
>
> (b) If the proceeds of a foreclosure sale of property are
> insufficient to discharge all mechanic's liens against the property,
> the proceeds shall be paid pro rata on the perfected mechanic's
> liens on which suit is brought.
>
> (c) This chapter does not affect the contract between the owner and
> the original contractor as to the amount, manner, or time of payment
> of the contract price.
> § 53.123. Priority of Mechanic's Lien Over Other Liens
>
>
> (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, encumbrance, or mortgage on the land
> on which it is located, and the person enforcing the lien may have
> the house, building, improvement, or any piece of the railroad
> property sold separately.
>
> (b) The mechanic's lien does not affect any lien, encumbrance, or
> mortgage on the land or improvement at the time of the inception of
> the mechanic's lien, and the holder of the lien, encumbrance, or
> mortgage need not be made a party to a suit to foreclose the
> mechanic's lien.
> § 53.124. Inception of Mechanic's 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 of improvements or delivery of
> materials to the land on which the improvements are to be located
> and on which the materials are to be used.
>
> (b) The construction or materials under Subsection (a) must be
> visible from inspection of the land on which the improvements are
> being made.
>
> (c) An owner and original contractor may jointly file an affidavit
> of commencement with the county clerk of the county in which the
> land is located not later than the 30th day after the date of actual
> commencement of construction of the improvements or delivery of
> materials to the land. The affidavit must contain:
>
> (1) the name and address of the owner;
>
> (2) the name and address of each original contractor, known at the
> time to the owner, that is furnishing labor, service, or materials
> for the construction of the improvements;
>
> (3) a description, legally sufficient for identification, of the
> property being improved;
>
> (4) the date the work actually commenced; and
>
> (5) a general description of the improvement.
>
> (d) An affidavit filed in compliance with this section is prima
> facie evidence of the date of the commencement of the improvement
> described in the affidavit. The time of inception of a mechanic's
> lien arising from work described in an affidavit of commencement is
> the date of commencement of the work stated in the affidavit.
>
> (e) The time of inception of a lien that is created under Section
> 53.021(c) or (d) is the date of recording of an affidavit of lien
> under Section 53.052. The priority of a lien claimed by a person
> entitled to a lien under Section 53.021(c) or (d) with respect to
> other mechanic's liens is determined by the date of recording. A
> lien created under Section 53.021(c) or (d) is not valid or
> enforceable against a grantee or purchaser who acquires an interest
> in the real property before the time of inception of the lien.
> [Sections 53.125 to 53.150 reserved for expansion]
>
> SUBCHAPTER G RELEASE AND FORECLOSURE; ACTION ON CLAIM TEXAS PROPERTY
>
> § 53.151. Enforcement of Remedies Against Money Due Original
> Contractor or Subcontractor
>
>
> (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 contractor or the contractor's surety from the
> owner, and a creditor of a subcontractor may not collect, enforce a
> security interest against, garnish, or levy execution on the money
> due the subcontractor, to the prejudice of the subcontractors,
> mechanics, laborers, materialmen, or their sureties.
>
> (b) A surety issuing a payment bond or performance bond in
> connection with the improvements has a priority claim over other
> creditors of its principal to contract funds to the extent of any
> loss it suffers or incurs. That priority does not excuse the surety
> from paying any obligations that it may have under its payment
> bonds.
> § 53.152. Release of Claim or Lien
>
>
> (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 later than the 10th day after the date of receipt of a
> written request, furnish to the requesting person a release of the
> indebtedness and any lien claimed, to the extent of the indebtedness
> paid. An owner, the original contractor, or any person making the
> payment may request the release.
>
> (b) A release of lien must be in a form that would permit it to be
> filed of record.
> § 53.153. Defense of Actions
>
>
> (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 own expense a suit brought on the claim.
>
> (b) If the suit results in judgment on the lien against the owner or
> the owner's property, the owner is entitled to deduct the amount of
> the judgment and costs from any amount due the original contractor.
> If the owner has settled with the original contractor in full, the
> owner is entitled to recover from the original contractor any amount
> paid for which the original contractor was originally liable.
> § 53.154. Foreclosure
>
>
> 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 subject to the lien.
> § 53.155. Transfer of Property Sold
>
>
> 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. The purchaser is entitled to a
> reasonable time after the date of purchase within which to remove
> the purchased property.
> § 53.156. Costs and Attorney's Fees
>
>
> In any proceeding to foreclose a lien or to enforce a claim against
> a bond issued under Subchapter H, I, or J [FN1] or in any proceeding
> to declare that any lien or claim is invalid or unenforceable in
> whole or in part, the court may award costs and reasonable
> attorney's fees as are equitable and just.
> § 53.157. Discharge of Lien
>
>
> 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 by the claimant under Section
> 53.152;
>
> (2) failing to institute suit to foreclose the lien in the county in
> which the property is located within the period prescribed by
> Section 53.158, 53.175, or 53.208;
>
> (3) recording the original or certified copy of a final judgment or
> decree of a court of competent jurisdiction providing for the
> discharge;
>
> (4) filing the bond and notice in compliance with Subchapter H;
> [FN1]
>
> (5) filing the bond in compliance with Subchapter I; [FN2] or
>
> § 53.158. Period for Bringing Suit to Foreclose Lien
>
> (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 file the lien affidavit under Section 53.052 or within one year
> after completion, termination, or abandonment of the work under the
> original contract under which the lien is claimed, whichever is
> later.
>
> (b) For a claim arising from a residential construction project,
> suit must be brought to foreclose the lien within one year after the
> last day a claimant may file a lien affidavit under Section 53.052
> or within one year after completion, termination, or abandonment of
> the work under the original contract under which the lien is
> claimed, whichever is later.
>
>
> On 3/15/05, v wrote:
>> Have you checked the revised
>> codes? Joisey is two years. Used to
>> be 20. With the option to renew the
>> lien in the twenyfirst year. Then
>> it ran till paid.
>>
>>
>> On 3/15/05, roosta wrote:
>>> On 3/15/05, Curmudgeon wrote:
>>>> Perhaps someone can pitch in if
>> there is some peculiarity in
>>>> Texas law. The general rule is
>> that mechanics liens expire
>>>> after one year if they are not
>> foreclosed. In other words,
>>>> you can't just sit on it. You
>> either foreclose or lose the
>>>> lien.
>>>
>> http://www.capitol.state.tx.us/statu
>> tes/pr.toc.htm
>>> PROPERTY CODE
>>> Title 5
>>> CHAPTER 53. MECHANIC'S,
>> CONTRACTOR'S, OR MATERIALMAN'S LIEN