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How to place a lien against a general contractor

My company needs to place a lien against a general contractor - company and project are both located in the Houston area. The GC is having trouble getting funding from his bank to complete the project. He is sympathetic to our needs and will help us with the process of placing the lien. Our company provided custom furniture (we are a distributor, not a manufacturer) for the project. It has been manufactured and delivered to the installation company we were going to use for the project.

1 reply

Jan 14, 2020

I'm an attorney in Austin. In order to file a lien, you first need to send a Notice to both the Owner of the Property and the GC. If you were not directly hired by the GC, I would also send the Notice to the company that hired you. The Notice should state the name of the project, the type of work performed or items furnished, and the amount now past due. The Notice should also include specific language informing the Owner that he may be personally liable and the property subject to a lien if the debt is not paid. Send the Notices by Certified Mail. I would do this as soon as possible; I don't know your timeline, but the Property Code is very specific about deadlines for Notices and filing lien affidavits.

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