Texas contractors and suppliers, prepare your lien claims, releases and notices with this easy-to-use template Lien Forms.
Q. Who is entitled to file a mechanic's or materialman's lien in Texas?
A. Under the Texas Property Code, the following parties have the right to file a mechanic's or materialman's lien claim: (i) any person or company who furnished labor and/or materials to a construction or improvement project; (ii) any party who specially fabricated materials for the project; and (iii) design professionals on the project, such as architects or engineers.
There are two types of liens under Texas law, the constitutional lien and the statutory lien. A constitutional lien arises automatically for any party that provides goods to an owner that are used in the improvement to the property, provided that the party is in privity of contract (i.e. in a contractual relationship) with the owner of the property.
Subcontractors and other parties who are not in direct contract with the owner do not have a constitutional lien. They must file a lien affidavit and create a statutory lien under Chapter 53 of the Code in order to have lien protection. It is advisable for ALL lien claimants, even those with constitutional lien protection, to file a statutory lien, as constitutional liens do not extend to, and are not enforceable against, subsequent owners of the liened property.
Texas contractors, release your lien rights after receipt of final payment on a project with this Conditional Waiver and Release of Lien Upon Final Payment.
The Waiver and Release authorizes a release of any lien rights or claims for payment which the contractor may have against the owner's property ON THE CONDITION that the final payment from the Customer clears the bank.
This release form should only be used if the contractor has received final payment.
Texas contractors, release your lien rights up to the date of a progress payment with this Conditional Waiver and Release of Lien Upon Progress Payment.
The contractor releases its lien rights or claims for payment for labor, materials or equipment supplied for improvements to a property only for the period specified in the release, conditioned on the progress payment clearing the bank.
This is a reusable legal form. Buy the form, download it, and it's yours to use as.....
Texas contractors, release your lien rights up to the date of a progress payment with this Unconditional Waiver and Release of Lien Upon Progress Payment.
The Waiver and Release authorizes a full and complete release of any lien rights or claims for payment which the contractor may have against the owner's property, upon receipt of a progress payment made by or on behalf of the owner.
This is a reusable lien form. Buy it, download it, and it's yours to use as often as.....