Statutory Liens--General

Question 1

Is actual notice by a Property Owner sufficient notice of a subcontractor’s claim?

Answer 1

No. (Don’t confuse this with actual receipt of written notice under 53.002(d).)

Question 2

Is occupancy of a home sufficient to demonstrate homestead?

Answer 2

No.

Question 3

How does a subcontractor give notice of contractual retainage?

Answer 3

Can give notice to the owner by the earlier of the 30th day after claimant’s contract is competed, terminated, or abandoned or within 30 days of the termination or abandonment of thee original contract.

Question 4

Notice of undelivered specially fabricated materials

Answer 4

by the 15th day of the SECOND MONTH following the month in which the order was received and accepted.

Question 5

When is the last date to file a lien for specially fabricated materials?

Answer 5

The 15th of the 3/4th month from: (1) the last day of the month the material was delivered; (2) the last day of the month the materials would have been delivered; last day of the month that he contract was terminated.

Question 6

Can you recover delay damages through a lien?

Answer 6

yes to the extent incurred “inside the fence.”

Question 7

Can you recover meals/lodging through a lien?

Answer 7

no