Monthly Archives: June 2015


Texas Mechanics Lien Requirements

In Texas, mechanics’ liens are created by constitutional right and by statute. A Constitutional Lien is available only to contractors in direct contractual privity with the owner for the improvements to the property. Statutory mechanics’ liens may be asserted, similar to other states, by general contractors, subcontractors, materialmen, mechanics, or artisans. A Texas mechanics lien that is filed with regard to work performed on privately owned property attaches to and encumbers the fee simple ownership of the property.
Real estate brokers of commercial property also have Texas mechanics lien rights for unpaid commissions in the state of Texas.

For public projects, a lien against monies due the prime contractor may be filed. The Texas public mechanics lien claim is against monies due, not against the real property or improvements.
Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a Texas construction lien. Architects, engineers and surveyors are also entitled to Texas statutory liens so long as their design is utilized in the performance of the construction work.
Texas pre-lien notices, known as Disclosure Statements, are required in residential construction. The original contractor should furnish a Disclosure Statement to the owner before it enters into a contract for construction. Essentially, the contractor should attach a list of subcontractors and suppliers. A signed periodic statement that lists the bills or expenses that the original contractor intends to pay or have been paid under its request for payment must also be provided. If the Texas lien claimant is not the original contractor, notice of unpaid amounts must be given directly to the owner and the original contractor. Specifically, any Texas lien claimant must file its Affidavit of Lien in accordance with Texas statute.

For more information, please visit us at LienItNow.

Arizona’s Mechanic Lien Guide

Liens filed on private property or on funds relating to a public project are known as Arizona Mechanic’s Liens. When an Arizona mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.
Contractors, as well as subcontractors, design professionals, sub-subcontractors and material suppliers can file an Arizona mechanics lien. If a company supplies material to a material supplier, they are not eligible to file an Arizona mechanics lien claim. If the project involves an owner occupied one or two family residence, then only a party having a direct contract with the owner can file a lien.

Pre-notices are required to be served prior to filing an Arizona mechanics’ lien claim.  Within 20 days of the commencement of work on the property, subcontractors and suppliers should provide written notice to the owner or the person having charge of the property that they are performing work on the property. This notice should also be provided to the construction lender and the general contractor. Only one notice is required unless the actual total price exceeds by 20 percent the estimated total price, at which point additional pre-notices are required (this is usually the result of change orders).

Prime contractors, subcontractors, materialmen and professionals must file a notice and claim for lien within the earlier of 120 days after completion, or within 60 days after the recording of the notice of completion.

For more information on Arizona Liens, please visit LienItNow.

New York’s Lien Guide

In New York, liens filed on private property or on funds relating to a public project are known as Mechanic’s Liens. When a New York mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. When a New York mechanics lien is filed with regard to work performed on a publicly or government owned property, it attaches to the fund of money which the public agency has allocated for a project. The reason for this is that you cannot force the sale of publicly owned land (public agencies mean any county, city, town, township, public commission, public board or other municipality authorized by law to make contracts for the making of any public improvement in any city, town, township or other municipality).

Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a New York mechanics lien.

 In New York, mechanics’ liens on private property must be filed within eight months of the last date the lienor provided materials or services to the Project.
New York mechanics’ liens with regard to public projects can be filed at any time before the completion and acceptance of a public improvement, but no later than 30 days following completion and acceptance by the state or the public corporation.
New York mechanics’ liens with regard to residential single family dwellings must be filed within four months after completion of the work.

For more information about Mechanic Liens, visit www.lienitnow.com

Georgia’s Mechanic Lien

In Georgia , liens filed on private property or on funds relating to a public project are known as Mechanic’s Liens. When a Georgia mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.

Contractors, as well as subcontractors, design professionals, sub-subcontractors and material suppliers can file a Georgia construction lien.

If the owner files a “Notice of Commencement” and posts it at the project site, then all those who are not performing work directly for the owner or prime contractor must, within 30 days from the initial delivery of labor services or materials to the project by claimant, provide a “Notice to Contractor”.

The filing of a Georgia claim of lien must be filed within 90 days after the day on which the lien claimant last performed labor or furnished materials.

For more information, please visit LienItNow.

Filing A North Dakota’s Mechanic Lien

Liens filed on private property or on funds relating to a public project are known as North Dakota Mechanic’s Liens. When a North Dakota lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. When a  North Dakota lien is filed with regard to work performed on a publicly or government owned property, it attaches to the fund of money which the public agency has allocated for a project. The reason for this is that you cannot force the sale of publicly owned land (public agencies mean any county, city, town, township, public commission, public board or other municipality authorized by law to make contracts for the making of any public improvement in any city, town, township or other municipality).
Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a North Dakota mechanics lien.

Yes. North Dakota has preliminary notice requirements. No claimant is entitled to a North Dakota mechanics lien unless it first serves written notice upon the owner, informing him that if payment is not made on the lien claimant’s account within 15 days of mailing, a North Dakota mechanics lien will be perfected. The notice must be recorded.
North Dakota mechanics’ liens on private property must be filed within 90 days of the last date the lienor provided materials or services to the Project. However, North Dakota lien rights are not lost if the time frame is not met except against bona fide purchasers for value.

For more info about North Dakota Mechanics Liens, please visit LienItNow.