How long after completion of work does a contractor have to file a lien against residential property in Galveston County, TX?

Prior to signing a contract with a roofer, I had received two settlements from the insurance co. for repairs needed after Ike. The contract was pretty much blank except payment would be from "Ins proceeds". After signing, the contractor filled in his part of the contract to mirror the adjusters' reports including settlements prior to contract signing, plus 20% for his overhead. Now the contractor is claiming I owe him the amounts of the settlements made prior to our contract signing and is promising he will file a lien against my property if I do not pay what he wants. The work was completed March 2009. - Is this your question? Add additional information
Answer this question Add to list

Answers (1)

Richard Daniel Weaver II

Richard Daniel Weaver II

Contributor Level 4
Please see Chapter 52 of the Texas Property Code.
I have provided a partial except. If you need further assistance, please feel free to call, a Texas Real Estate Attorney. I will be glad to help.

Very truly yours,

Richard D. Weaver
Attorney At Law

The Weaver Law Firm
2000 West Loop South
Suite 1550
Houston, Texas 77027
Phone: 713-572-4900
Fax: 713-626-9708

www.WeaverLawyers.com



SUBCHAPTER C. PROCEDURE FOR PERFECTING LIEN



§ 53.051. NECESSARY PROCEDURES. To perfect the lien, a
person must comply with this subchapter.

Acts 1983, 68th Leg., p. 3538, ch. 576, § 1, eff. Jan. 1, 1984.


§ 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.

Acts 1983, 68th Leg., p. 3538, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 1138, § 4, eff. Sept. 1,
1989; Acts 1997, 75th Leg., ch. 526, § 5, eff. Sept. 1, 1997.


§ 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.

Acts 1983, 68th Leg., p. 3539, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 1138, § 5, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 851, § 3, eff. Sept. 1, 1995.

§ 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
2 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.