What Information Must Be Included in the Lien Affidavit?

The Texas Property Code requires the following specific categories of information to be in a lien affidavit in order for the lien to be valid:

1. Identification of the Claimant – the lien affidavit must identify the registered legal business name or DBA name as well as the person that is filing the lien for the business as well as his/her title if applicable.  If the lien affidavit is being filed by an individual, then only the full name of the person is required.  In addition, the mailing and business address of the claimant as well as the county in which the person who signs the affidavit is a resident is required.
2. Identification of the Owner or Reputed Owner – The lien affidavit must include the name and address of the property owner or the person or entity reasonably thought to be the owner.
3. A Description of the Work Performed and Materials Furnished – All claimants must detail all the work and materials provided to the project.  All claimants except General Contractors must also state the months in which the work or materials were provided.  In certain cases, invoices may satisfy this requirement but in some situations it is simpler to have one document detail all the work, materials, equipment and products furnished for the project.
4. Identification of the Person Who Hired the Claimant – This requirement is satisfied by including the name and last known address of the person or company that hired you.
5. Identification of the General Contractor – If you are a sub-contractor, the name and last known address of the project general contractor.
6. A Description of the Property – The affidavit must contain a legal description of the property.  The description must be detailed enough for the tract of land to be identified with reasonable certainty.  A lot-and-block description of the property is preferred, but if not available a lot, block, and subdivision description, or a metes-and-bounds description are also sufficient.  This information can be difficult to obtain and a failure to properly describe the property could result in an invalid lien.
7. The Amount of the Claim – The lien affidavit must include the amount of which you are owed for the labor and/or materials provided to the project only.
8. Identification of Statutory Notices – All claimants, other than general contractors must state the date on which each pre-lien notice letter was sent to the owner and general contractor and identify the method by which the notices were sent.
9. The Affidavit Must be Sworn Under Oath – This is accomplished by concluding the affidavit with what’s known as a jurat, whereby the affiant affirms or swears under oath that the contents of the affidavit are true.  The jurat is made before a notary.  Failure to use a jurat in the affidavit will render it void.

Pursuant to Texas Property Code Section 53.024, the amount of a subcontractor’s lien may not exceed: (1) an amount equal to the proportion of the total subcontract price that the sum of the labor performed, materials furnished, materials specially fabricated, reasonable overhead costs incurred, and proportionate profit margin bears to the total subcontract price, minus (2) the sum of previous payments received by the claimant on the subcontract.