This project is for labor and materials provided for a multi-family home property with about 140 units. The owner is a joint venture. Is this considered residential or commercial? Need to know what type of lien to file or find out if it matters. What is the difference between residential and commercial as far as right and requirements?
There are different deadlines that have to be met to perfect a lien on a residential construction project. There are also additional requirements that have to be met if the residential construction project is being performed on the owner's homestead.
A “residential construction project” is a project for the construction or repair of a new or existing single-family house, duplex, triplex, or quadruplex or a unit in a multiunit structure used for residential purposes that is: (A) owned by one or more adult persons; and (B) used or intended to be used as a dwelling by one of the owners.
If you are a sub working on a typical multifamily project, then the project is likely not a “residential construction project.” If you were hired to work on one unit and the owner of
the unit lived in the unit, then the project would likely be considered a “residential construction project.”
If your project is not a residential construction project, then you have to comply with all of the standard requirements for perfecting a lien.