Austin Texas Demand for Affidavit of Payment of Subcontractors, Materialmen, etc by Subcontractor - Corporation

State:
Texas
City:
Austin
Control #:
TX-024A-09
Format:
Word; 
Rich Text
Instant download

Description

This Demand for Affidavit of Payment of Subcontractors, Materialmen, etc by Subcontractor form is for use by a corporation to request that a person who has furnished labor or materials for the construction of improvements on real property, provide an affidavit stating that the person has paid each of the person's subcontractors, laborers, or materialmen in full for all labor and materials provided to the person for the construction or the amount owed and the name and, if known, the address and telephone number of each subcontractor, laborer, or materialman to whom payment is owed.

How to fill out Texas Demand For Affidavit Of Payment Of Subcontractors, Materialmen, Etc By Subcontractor - Corporation?

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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.

Mechanics lien, which is also called a mechanics lien affidavit or lien affidavit, is an official document that asserts a lien against a property for your work when you have not been paid.

Fill out your lien form with complete, accurate details. Bring your Affidavit of Lien to the county recorder's office in the county where the property is located, and pay the lien recording fee. After recording a Texas mechanics lien, claimants must provide notice to the property owner and GC within 5 days of filing.

For a residential construction project, you must file the lien affidavit no later than the 15th day of the 3rd month after the day the indebtedness accrues. Indebtedness accrues on the last day of the month when the original contract is (a) terminated, (b) completed, (c) finally settled, or (d) abandoned.

Contractors can file a lien on a property without a written contract in most cases. However, if the project in question is on a residential homestead property, a written contract must be filed in the local property records and is required to enforce mechanic's lien filing rights.

All of this language is a bit dense, but essentially, anyone who has an agreement to improve property with you directly, or an agreement with another contractor who has such an agreement with you, can file a lien if left unpaid. This commonly includes contractors, subcontractors, and material suppliers.

Persons entitled to lien are expanded to include a licensed architect, engineer or surveyor providing services to prepare a design, drawing, plan, plat, survey or specification. A subcontractor now includes one who furnishes labor or materials to the original contractor or to a subcontractor.

In Texas, original contractors (GCs), subcontractors, material suppliers, specialty material fabricators, design professionals, and landscapers all have the right to file a mechanics lien if they do not receive payment.

Deposit the Lien Amount with the Court: A lien can be removed from the property if you file a lawsuit and deposit the lien amount into the court's registry. This allows the parties to litigate the validity of the claim, without the lien encumbering the property.

Fill out your lien form with complete, accurate details. Bring your Affidavit of Lien to the county recorder's office in the county where the property is located, and pay the lien recording fee. After recording a Texas mechanics lien, claimants must provide notice to the property owner and GC within 5 days of filing.

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Austin Texas Demand for Affidavit of Payment of Subcontractors, Materialmen, etc by Subcontractor - Corporation