How long after completion of work does a contractor have to file a lien against residential property in Galveston County, TX?
Galveston, TX
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Posted 3 months ago in Residential
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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.
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Answers (1)Richard Daniel Weaver II
This attorney is licensed in Texas.
Posted 3 months ago.
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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
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