Is there a statute of limitations on when a contractor can file a property lien?
Full Question:
Answer:
The term "mechanic's lien," therefore, is also often referred to as
a "mechanic's and materialmen's lien," or, at times, as a "construction lien."
The terms are synonymous.
For non-residential construction projects, both original contractors and
subcontractors must file their lien affidavits within the same period of time,
which is by the fifteenth (15th) day of the fourth (4th) calendar month
following the day the claimant's indebtedness "accrues." Texas Property
Code §53.052(a). Lien affidavits must be filed by the fifteenth (15th) day of
the third (3d) calendar month following the day the claimant's
indebtedness "accrues" for residential construction projects. Texas Property
Code §53.052(b). The claimant's debt accrues at different times, however,
depending upon whether the claimant is an original contractor or a
subcontractor. The debt to an original contractor accrues, by statute,
either "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 stating that
the contract has been terminated," or "on the last day of the month in
which the original contract has been completed, finally settled, or
abandoned." Texas Property Code §53.053(b). Indebtedness to a
subcontractor accrues on the last day of the last month in which the labor
was performed or the material furnished. Texas Property Code §53.053(c).
