Posts Tagged ‘Lien Law Punchlist’

Are Texas Lien Deadlines Most Complex in Nation?

On June 15, 2010        

Generally speaking, lien laws and deadlines are complicated. The Texas lien statutes, however, may be among the most complex in the nation.

When calculating your deadline to file a lien, there are two features that distinguish the Texas framework from other states.

First, rather than requiring your lien be filed within so many days from the last day of providing labor, the Texas statutes calculate the due date by months, with confusing language like “by the 15th day of the month ___ months after lien claimant completes work.” Second, the notice requirements differ by project, use the same confusing calculation method, and in some circumstances require contractors to re-serve the notice month after month.

One law firm in the Dallas-Ft Worth area has gone so far as to publish a blog post each month with the lien deadlines for work performed during that month.

On our Lien Law Punchlists page, we’ve compiled two charts from lien deadline information published by Texas law firms.   A contractor and supplier can quickly look at this chart to determine when its lien and notice is required.    One is the Lien Deadline Chart and the other is the 2 and 3 Month Notice Chart.    You can also look at our Texas Lien Law Punchlist for a more wordy explanation of these charts.

Posted in:     Mechanic Liens  /  Tags: ,   /   3 Comments

What Is A Lien Law Punchlist? Free Lien Summary and Forms in Your State

On June 3, 2010        

It’s 2010, and we have the Internet.    And everyone knows that everything is free on the Internet.   So why should you have to pay for basic information about the lien laws across the country?   And why should you have to search through hundreds of websites to find the information you need?

At Zlien, we’ve worked very hard over the past few months to compile the web’s most comprehensive lien law resources.   No strings attached, and no signing up required.

The best place to start is on our Lien Law Punchlists and Forms page, within the Support section of the Zlien’s website.   Here, you can download free forms (for liens, notices and more), as well as a brief one-page summary of each state’s lien laws.   Currently, our most popular states are represented, but we’re adding more resources everyday.

You can also download forms and resources on our profile page over at JDSupra.com.

Posted in:     Our Services & Us  /  Tags:   /   Leave a comment

Give Notice That You’re Working!

On April 14, 2010        

In many states, if the property owner doesn’t know your company is working on a project, you may not have the right to lien.   And since it’s impossible for the law to know when a property owner does or does know a fact, laws around the country require contractors of various tiers to “notify” the property owner in writing that they have begun work.

This is called a preliminary notice or notice to owner (NTO).    Simply put, it is a written document usually sent certified mail return receipt requested that formally notifies the property owner and any higher tiered contractors that your company is on the project and that you expect to get paid.

In the event you’re unpaid, and you gave the required notice, the property owner and/or upper tiered contractors may be liable to pay you directly (after you file a lien).

If you don’t deliver the required notice, you’re largely out of luck, and you can only pursue payment from the person you directly contracted with.

That’s a very, very general overview of how preliminary notices work across the country.   It gets sticky when you look into the details of each state, however, as every state has different notice requirements and deadlines.

Zlien has great free resources for contractors, subcontractors, equipment lessors and suppliers looking for some clarity on whether notices are required and when they must be delivered.    Check out their free “Lien Law Punchlists,” organized by states.   They also have a “National State-By-State Lien Law and Deadline” publication.

Posted in:     Preliminary Notices  /  Tags: , ,   /   Leave a comment

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