What You Need To Do Immediately After Filing A Construction Lien

So, you filed your construction lien on time.  Whew!   Now what?

If you’re a subscriber to our blog, you know we frequently post about the technical requirements and strict deadlines that lead up to the filing of a construction lien.   We don’t, however, frequently discuss the technical requirements and strict deadlines that follow a lien’s filing.   There are a few, and as usual, these requirements vary state-by-state.

Generally speaking, however, you have to keep two things in mind immediately after filing a construction lien.

First, you may need to send notice of filed lien to the property owner and/or contractors “up the chain.”  In some states (like in Texas) a lien is actually unenforceable unless a copy of the filed lien is delivered to the property owner within 5 days of its filing.   That’s a serious penalty, and a pretty immediate deadline.   Other states have similar penalties (in Oregon, for example, you cannot collect attorneys fees from the other party in foreclosing on lien that was not delivered to the property owner after filing).

Now, here is how Express Lien helps.

Any liens ordered from us (in any state) are delivered to the property owner and all other interested parties (those named on the lien) immediately after filing.   Notice of the filing is delivered certified mail, and a record of the mailing is maintained in your online account, available for you to review or download at anytime.   You simply place your order and forget about it – we do all the rest.

Second, liens expired if they are not “foreclosed upon” or “enforced” within a certain period of time.    In some states, liens must be enforced within just 90 days (California), while other states can provide up to 2 years (Texas).   Failure to file a lawsuit enforcing / foreclosing the lien will result in the lien expiring.

How does Express Lien help with this?

Well, once you put the “Lien’s Filing Date” into our system, the system will calculate your lien’s expiration date.  If you order the lien from Express Lien, we’ll put the date in the system for you.    We don’t actually foreclose or enforce the lien for you (you’ll need an attorney for that), we do give you a heads-up when the deadline is approaching.

Charts to Make Texas Lien and Notice Deadlines Easy

Texas is unlike any other state when it comes to calculating its lien and notice periods.   Instead of a lien being due after a certain number of days or months, Texas uses somewhat cryptic language to define the lien period:  “on the 15th day of the month four/three months after the last month the claimant performs work.”

WHAT!?!?

Well, to help you out, we’ve created some easy to read charts.   You can take one look at this chart and easily figure out when your lien should be filed.    Check out the Texas Lien Deadline Chart here, or the Texas Two and Three Month Notice Deadline Chart here.   These are housed in the Support section of ExpressLien.com’s website.

But you don’t even have to go that far – you can see the charts right here on our blog:

Texas Lien Deadline Chart

Work Last Performed In:		Residential Liens Due:	Non-Residential Liens Due:
January		April 15th	May 15th
February		May 15th	June 15th
March		June 15th	July 15th
April		July 15th	August 15th
May		August 15th	September 15th
June		September 15th	October 15th
July		October 15th	November 15th
August		November 15th	December 15th
September		December 15th	January 15th
October		January 15th	February 15th
November		February 15th	March 15th
December		March 15th	April 15th

Texas Two and Three Month Notice Deadline Chart

Unpaid Work Performed In:		2 Month Notice Due:	3 Month Notice Due:
January		March 15th	April 15th
February		April 15th	May 15th
March		May 15th	June 15th
April		June 15th	July 15th
May		July 15th	August 15th
June		August 15th	September 15th
July		September 15th	October 15th
August		October 15th	November 15th
September		November 15th	December 15th
October		December 15th	January 15th
November		January 15th	February 15th
December		February 15th	March 15th

* Original Contractors do not have notice requirements in Texas

** Two Month Notice must only be delivered by lower tier subcontractors and suppliers (i.e. those who did not contract with the original contractor)

*** If on a residential project, every deadline is one month earlier.

Remember, too, that you can keep track of project deadlines using our free Lien Pilot.

Engineers, Architects and Surveyors – Oh My!: Texas Provides Lien Opportunities

When you take a moment and look over the vast spectrum of lien resources on the web, you will find that almost everything is geared towards the contractor, with a bit of focus towards suppliers and material manufacturers. But do you ever see anything lending a hand to the design professionals of this world?

At ExpressLien.Com, the focus is on providing persons and companies with the opportunity and resources to protect their business and get paid for their work. We certainly do not discriminate against those design professionals whose hard work lends to the construction industry.

Recently, Architectural Record reported that architectural layoffs are abounding, and that the current economical conditions make for prime economic strain for those in the design profession. With news of poor economic resources and limited budgets for developers, it is important, now more than ever, for design professionals to seek guidance in preserving their claims and protecting their pay.

The Texas Collection Law Blog recently released an article discussing the rules for filing liens in Texas as a architect, engineer or a surveyor. The blog’s writer, Marc Lippincott, a principal at the collection firm of Cary & Lippincott, PLLC, out of Austin, Texas, states that:

“In 1995, the Texas Legislature added provisions to the Texas Property Code that made it much easier for engineers, architects, and surveyors to secure a lien for their work. The amendments eliminated the difficult and problematic requirement that the design professional’s contract be filed prior to the commencement of work. Now, the design professional only needs to have a written contract and properly record (file) the lien.”

Reducing headaches for design professionals makes it more simple and attractive for those parties to learn the ropes of the lien laws. ExpressLien.Com has excellent legal resources for your benefit. Check them out today.