The Texas mechanics lien and monthly notice deadlines are an absolute mess. I don’t know anyone in the construction industry or the construction law industry who likes them. Nevertheless, they must be complied with.
The only good thing about Texas’ deadlines is that absolutely every deadline expires on the same day each month: the 15th.
There is mixed information out there, and I think mixed treatments from the courts, about what happens when these deadlines fall on a weekend or holiday. Do they extend to the next business day (so says this attorney), or fall back to the previous business day (so says this attorney)?
What to do in situations like this? Take the most conservative approach. This July 2012, the 15th falls on a weekend. The safe filing date for all notices, liens and bond claims, therefore, is this Friday, July 13th.
Who’s Texas Lien Deadlines Expire This Month?
Whether your Texas mechanics lien or notice deadline expires this July 2012 depends on when you furnished the labor or materials that are unpaid.
Zlien created two Texas lien deadline charts that are helpful in demonstrating the Texas deadlines. The “2 and 3 Month Notice Deadline Chart” and the “Mechanics Lien Deadline Chart.”
For Mechanics Liens and Bond Claims, your deadline to file the claim is due this Friday if your work was last furnished in the following months:
- Residential projects: April 2012
- Non-residential private projects: March 2012
- State projects: April 2012
For 2 and 3 Months Notices, your deadline to send these notices is due this Friday if the unpaid work was last furnished in the following months:
- 2 Month: May 2012
- 3 Month: April 2012
Is It Too Late To File My Texas Mechanics Lien or Bond Claim Now?
It’s already Wednesday, and your mechanics lien or bond claim deadline is this Friday. Yikes! You shouldn’t have waited so long because you subject your claim to Murphy’s Law. However, you’re not without hope.
Zlien is an authorized electronic submitter in most Texas counties, which means we can electronically record your mechanics liens in these states. This is important because it allows for quick turn-around times. Even in those counties that do not accept electronic recording, we have relationships with couriers that can ensure your lien claim is delivered to the recorder before Friday so long as you order by at least Thursday.
So, it’s not too late…but, it’s close, and you’re taking a risk with every extra hour you wait. If they are promising payment, remember this article: Promises to Pay Mean Squat To Your Mechanics Lien Deadlines.
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