Residential Property

Residential Property 2017-05-16T17:55:04+00:00

Construction Liens AttorneyIs the property a Residential or Commercial Property?

The Texas Property Code has different requirements and deadlines for construction liens in relation to a residential or commercial property.  It is very important that you as a contractor or sub-contractor know what you are dealing with when working on a project.

Residential Construction Lien Laws are much tougher on Residential Properties

Texas Property Code Section 53.001(10) defines a “residential construction project” as a project for the construction or repair of a new or existing residence, including improvements appurtenant to the residence, as provided by a residential construction contract.”

A “residential construction contract” is a contract between an owner and a contractor, in which the contractor agrees to construct or repair the owner’s residence, including improvements appurtenant to the residence.

Furthermore, the Texas Property Code defines a “residence” as a single-family house, a duplex, a triplex, a quadruplex, or a unit in a multi-unit structure that is used for residential purposes and that is: (1) owned by one or more adult persons; and (2) used or intended to be used as a dwelling by one of the owners.

Once it’s been determined that it is a Residential Property, how do I get paid the money I’m owed?

There are many types of workers that may have lien rights on the residential property that has been involved in a project.  This includes general contractors, sub-contractors under the general contractor including engineers, architects, material providers, laborers or any other party that provided a service or products.  Any of these parties may bring a claim against another party.

These parties may claim a construction lien that includes non-payment for services rendered, non-delivery of equipment or supplies, poor quality or workmanship or other fraudulent reasons.

Construction Liens are complex

By the Texas Property Code, the process for filing construction liens properly and in within deadlines is very complex.  If not properly filed, it could delay you getting paid or even lose the chance to get paid for what you are owed.  It is imperative to get started immediately in cases where you  feel that you may not get compensated for your work or materials on residential projects.  In most cases, we can even help with filing a pre-lien to have everything in place prior to starting a project.

Attorney Javier Marcos has the knowledge, experience and resources necessary to help you pursue or even dispute construction liens.  His knowledge of the Texas Property Code and the process of Residential Construction Liens helps his clients get the upper edge when working in the complex construction industry in Texas.

Call Attorney Javier Marcos and Associates, a Texas Construction Liens Lawyer, that will Litigate your case,  713-999-4444 / 1(800) 444-8118.