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How do I know if I need to file a commercial lien or a residential lien?

Texas
Anonymous Sub-Subcontractor

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?

4 replies

Lawyer - Mediator at Maluski Law
| 10 reviews
Jul 7, 2021
This would be considered a regular project because it's not a residential homestead. It does matter, because just for starters a contractor's lien rights are far more restricted when dealing with a homestead; listing out all the differences would take a while.
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Anonymous Sub-Subcontractor
Question Author
Jul 7, 2021
Thank you. So is this considered Commercial since it is not a homestead? What do you mean my regular project?
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Partner at Porter Hedges
| 1 reviews
Jul 7, 2021

 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.  

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information or responses are for general
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Attorney/Construction Super Lawyer at Cox Law Firm, PLLC
| 0 reviews
Jul 8, 2021
A 140-unit, multi-family property is a commercial project. The time you have to give notice and file your lien is longer for commercial projects than residential.
The provision of answers to questions posed does not create an attorney-client relationship, is not the offering of legal advice, which cannot be provided on
the limited information contained in the question posed, and does not take the place of a paid consultation with an attorney to review, discuss andSee More...
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