San Antonio Texas Disbursement Statement Required by Contractor on Residential Construction Project - Mechanics Liens - Corporation

State:
Texas
City:
San Antonio
Control #:
TX-016A-09
Format:
Word; 
Rich Text
Instant download

Description

This Texas Mechanics Lien form is for use in collecting payment for work done. At the time the original contractor requests payment from the owner or the owner's lender
for the construction of improvements under a residential construction contract,
the original contractor shall provide to the owner a disbursement statement.
The statement may include any information agreed to by the owner and the
original contractor and must include at least the name and address of each
person who subcontracted directly with the original contractor and who
the original contractor intends to pay from the requested funds. The original
contractor shall provide the disbursement statement: (1) in the manner agreed to in writing by the owner and original contractor; or (2) if no agreement exists, by depositing
the statement in the United States mail, first class, postage paid, and
properly addressed to the owner or by hand delivering the statement to
the owner before the original contractor receives the requested funds. The failure of an original contractor to comply with this section does not invalidate a lien under this chapter, a contract lien, or a deed of trust. A person commits an offense if the person intentionally, knowingly, or recklessly provides false or misleading information in a disbursement statement required under this section. An offense under this section is
a misdemeanor. A person adjudged guilty of an offense under this section shall be punished by a fine not to exceed $4,000 or confinement in jail for a term not to exceed
one year or both a fine and confinement. A person may not receive community
supervision for the offense.§ 53.258.

Free preview
  • Preview Disbursement Statement Required by Contractor on Residential Construction Project - Mechanics Liens - Corporation
  • Preview Disbursement Statement Required by Contractor on Residential Construction Project - Mechanics Liens - Corporation

How to fill out Texas Disbursement Statement Required By Contractor On Residential Construction Project - Mechanics Liens - Corporation?

Take advantage of US Legal Forms and gain instant access to any document you require.

Our advantageous platform with a vast array of documents makes it easy to locate and acquire nearly any document template you need.

You can download, complete, and validate the San Antonio Texas Disbursement Statement Required by Contractor on Residential Construction Project - Mechanics Liens - Corporation or LLC in just a few minutes instead of spending hours searching online for a suitable template.

Utilizing our database is a great approach to enhance the security of your document submission. Our experienced attorneys routinely evaluate all files to make sure that the forms are applicable for a specific state and adhere to new laws and regulations.

If you do not possess an account yet, follow the instructions provided below.

Locate the form you require. Ensure it is the document you were looking for: check its title and description, and use the Preview feature if it’s available. If not, utilize the Search box to find the necessary item.

  1. How do you obtain the San Antonio Texas Disbursement Statement Required by Contractor on Residential Construction Project - Mechanics Liens - Corporation or LLC? If you already have an account, simply Log In.
  2. The Download button will be available for all the documents you review.
  3. Additionally, you can access all previously saved files in the My documents section.

Form popularity

FAQ

In Texas, the lien period is described as ?on the 15th day of the month three months after the last month the claimant performs work?. (Three months for residential, four for non-residential) The deadline to file a lien is not extended if the 15th falls on a Saturday, Sunday, or legal holiday.

Mechanic's liens only expire if the person who filed it does not file a lawsuit foreclose within the one year or two-year deadline, depending on whether it is a commercial or residential project.

A mechanic's lien can only be foreclosed on by the judgment of a court of competent jurisdiction. The judgment entered in such a proceeding shall foreclose the lien and order the sale of the property subject to that lien.

Most contractors are well aware that Texas law provides for mechanic's liens under Chapter 53 of the Texas Property Code, also known as ?statutory liens.? As most are also aware, the statutory lien process is complex and has a slew of notice requirements with stringent deadlines which, if not met, can be fatal to

In all cases, Texas requires that you send a separate pre-lien notice for each month you're not paid, or you will forfeit your right to file a mechanics lien for that month's work.

How much does it cost to file a mechanics lien in Texas? Generally, filing a mechanics lien in Texas costs $26.00 for the first page and an additional $4.00 for every additional page.

Effective January 1, 2012, pursuant to Subchapter L, Chapter 53, Texas Property Code, statutory forms are required for any waiver and release of a lien or payment bond claim. House Bill 1456 of the 82nd Legislature contains the statutory wording for the forms and other important changes in law.

In order to have a valid mechanics' and materialmans' lien on a homestead in Texas, there must be a written contract between the original contractor and owner, signed by both spouses (if property is owned by a married coupled) and filed with the county clerk prior to any work being done on the homestead.

Generally, Texas imposes no specific requirement that a contract be in writing to be eligible for lien protection. However, prime contractors on homestead properties must have a written contract with the property owner to be able to secure lien rights on the project.

Effective January 1, 2012, pursuant to Subchapter L, Chapter 53, Texas Property Code, statutory forms are required for any waiver and release of a lien or payment bond claim. House Bill 1456 of the 82nd Legislature contains the statutory wording for the forms and other important changes in law.

Interesting Questions

Trusted and secure by over 3 million people of the world’s leading companies

San Antonio Texas Disbursement Statement Required by Contractor on Residential Construction Project - Mechanics Liens - Corporation