Lien Perfection and Bond Claim Requirements on Private Works Projects
| PRIVATE WORK (NO GOVERNMENT INVOLVED) LATEST DATES FOR MAILING PERIODIC NOTICES OF CLAIMS AND FILING AFFIDAVITS |
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| SOLD TO OWNER: | SOLD TO ORIGINAL CONTRACTOR: | SOLD TO SUBCONTRACTOR: | ||||
| ORGINAL CONTRACTOR | FIRST TIER SUBCONTRACTOR CLAIMANT | SECOND TIER SUBCONTRACTOR CLAIMANT | ||||
| Month Work Furnished | File Lien Affidavit | * Notice of Claim | File Lien Affidavit | * Notice to Original Contractor | * Notice of Claim | File Lien Affidavit |
| January | May 15 | April 15 | May 15 | March 15 | April 15 | May 15 |
| February | June 15 | May 15 | June 15 | April 15 | May 15 | June 15 |
| March | July 15 | June 15 | July 15 | May 15 | June 15 | July 15 |
| April | August 15 | July 15 | August 15 | June 15 | July 15 | August 15 |
| May | September 15 | August 15 | September 15 | July 15 | August 15 | September 15 |
| June | October 15 | September 15 | October 15 | August 15 | September 15 | October 15 |
| July | November 15 | October 15 | November 15 | September 15 | October 15 | November 15 |
| August | December 15 | November 15 | December 15 | October 15 | November 15 | December 15 |
| September | January 15 | December 15 | January 15 | November 15 | December 15 | January 15 |
| October | February 15 | January 15 | February 15 | December 15 | January 15 | February 15 |
| November | March 15 | February 15 | March 15 | January 15 | February 15 | March 15 |
| December | April 15 | March 15 | April 15 | February 15 | March 15 | April 15 |
* Notice must be sent as to each month in which unpaid work is furnished: however, deadline for filing lien affidavits runs from last month in which work was furnished by claimant.
** Charts from “Bonds and Liens on Construction Work in Texas” Compiled by Texas Building Branch Associated General Contractors of America, Inc. 2012 Edition, To Purchase a bound copy, contact TBB at (512) 478-5629
| Type of Claimant | Notices Due in 2nd Month | Notices Due in 3rd Month | Notices Due in 4th Month |
| Orginal Contractor Direct Contact with Owner |
—— | —— | Affidavit Claiming a Lien [Private Form 1-A] ——- Notice of Filed Affidavit [Private Form 1-B] |
| First Tier Subcontactor Claimants Direct Contract with Original Contractor |
*Notice of Contractual Retainage [Private Forms 4-A or 4-B] —— Notice for Specially Fabricated Materials [Private Form 5] |
Notice of Claim to Owner** [Private Form 2-A] |
Affidavit Claiming a Lien [Private Form 1-A] —— Notice of Filed Affidavit** [Private Form 1-B] |
| Second Tier Subcontractor Claimants Contract with Another Subcontract (or below) |
Notice to Original Contractor [Private Form 3] —— *Notice of Contractual Retainage [Private Forms 4-A or 4-B] —— Notice for Specially Fabricated Materials [Private Form 5] |
Notice of Claim to Owner** [Private Form 2-A] |
Affidavit Claiming a Lien [Private Form 1-A] —— Notice of Filed Affidavit** [Private Form 1-B] |
* NOTE: For claims subject to the 2011 legislation, the deadline for sending the Notice of Contractual Retainage runs from the termination or completion of the claimant’s contract. See discussion of Contractural Retainage in Chapter V below.
** Copies of the Notice of Claim and Notice of Filed Affidavit must be sent not only to the owner but also to the orginal contractor (unless, of course, the claimant is the original contractor).
*** Charts from “Bonds and Liens on Construction Work in Texas” Compiled by Texas Building Branch Associated General Contractors of America, Inc. 2012 Edition, To Purchase a bound copy, contact TBB at (512) 478-5629