U.S. Legal Forms™ thanks you for your purchase of a Construction Lien Forms Package. This package is an important tool to help you with the legal issues that may arise between a contractor who performs services and/or supplies materials or equipment to a property but is not paid for the services/materials/equipment. This package includes state specific forms for a contractor operating as a corporation, LLC or Partnership.
TABLE OF CONTENTS
- Form List with descriptions
- Descriptions of Forms
- Tips on Completing the Forms
- Disclaimer
I. FORM LIST
With your Construction Lien Package, you will find many of the forms that are necessary to protect your legal rights or claims to secure and enforce a lien on property for unpaid services and/or materials or equipment.
Included in your package are the following forms:
- Affidavit of Lien – Original Contractor
- Affidavit of Payment by Contractor
- Contractor's Response to Request for Information from Subcontractor, etc.
- Affidavit of Commencement
- Disclosure of List of Subcontractors and Suppliers by Contractor
- Waiver of Disclosure of List of Subcontractors and Suppliers by Contractor
- Affidavit of Payment of Subcontractors, Materialmen, etc. by Original Contractor to Residential Owner on Residential Construction
- Disbursement Statement Required by Contractor on Residential Construction Project
- Request for Release of Lien
- Demand for Payment
- Demand for Affidavit of Payment of Subcontractors, Materialmen, etc by Original Contractor
- Affidavit of Payment of Subcontractors, Materialmen, etc by Subcontractor
- Request for Affidavit of Completion
- Request for Information from Original Subcontractor
- Request to Claimant from Documents Reflecting Claim
II. DESCRIPTIONS OF FORMS
Brief descriptions of the forms contained in your U.S. Legal Forms™ Construction Lien Package are found below.
Affidavit of Lien – Original Contractor - The person claiming the lien must file an affidavit with the county clerk of the county in which the property is located not later than the 15th day of the fourth calendar month after the day on which the indebtedness accrues. 53-052
Affidavit of Payment by Contractor - Any person who furnishes labor or materials for the construction of improvements on real property shall, if requested and as a condition of payment for such labor or materials, provide to the requesting party, or the party's agent, an affidavit stating that the person has paid each of the person's subcontractors, laborers, or materialmen in full for all labor and materials provided to the person for the construction. In the event, however, that the person has not paid each of the person's subcontractors, laborers, or materialmen in full, the person shall state in the affidavit the amount owed and the name and, if known, the address and telephone number of each subcontractor, laborer, or materialman to whom the payment is owed.
Contractor's Response to Request for Information from Subcontractor, etc. - A contractor, on written request for information from a subcontractor, etc., shall furnish the requested information within a reasonable time, but not later than the 10th day after the date a request is received, to any person furnishing labor or materials for the project. This form is for an individual contractor on the property.
Affidavit of Commencement - This Texas Mechanics Lien form is for use in collecting payment for work done. Except as provided for special lien claimants, the time of inception of a mechanic's lien is the commencement of construction of improvements or delivery of materials to the land on which the improvements are to be located and on which the materials are to be used. The construction or materials must be visible from inspection of the land on which the improvements are being made. An owner and original contractor may jointly file an affidavit of commencement with the county clerk of the county in which the land is located not later than the 30th day after the date of actual commencement of construction of the improvements or delivery of materials to the land. Such an affidavit filed in compliance with law is prima facie evidence of the date of the commencement of the improvement described in the affidavit. The time of inception of a mechanic's lien arising from work described in an affidavit of commencement is the date of commencement of the work stated in the affidavit.
Disclosure of List of Subcontractors and Suppliers by Contractor - The original contractor shall: (1) furnish to the owner before the commencement of construction a written list that identifies by name, address, and telephone number each subcontractor and supplier the contractor intends to use in the work to be performed; and (2) provide the owner with an updated list of subcontractors and suppliers not later than the 15th day after the date a subcontractor or supplier is added or deleted.
Waiver of Disclosure of List of Subcontractors and Suppliers by Contractor - An owner may waive the right to receive the list of subcontractors and suppliers or any updated information required by this section only as provided by this subsection. The waiver must be in writing and may be included in the residential construction contract. If the waiver is not included as a provision of the residential construction contract, the separate waiver statement must be signed by the owner. The waiver must be conspicuously printed in at least 10-point bold-faced type and read substantially as required by statute.
Affidavit of Payment of Subcontractors, Materialmen, etc. by Original Contractor to Residential Owner on Residential Construction - As a condition of final payment under a residential construction contract, the original contractor shall, at the time the final payment is tendered, execute and deliver to the owner, or the owner's agent, an affidavit stating that the original contractor has paid each person in full for all labor and materials used in the construction of improvements on the real property. If the original contractor has not paid each person in full, the original contractor shall state in the affidavit the amount owed and the name and, if known, the address and telephone number of each person to whom a payment is owed.
Disbursement Statement Required Before Payment to Original Contractor on Residential Construction - This Texas Mechanics Lien form is for use in collecting payment for work done. At the time the original contractor requests payment from the owner or the owner's lender for the construction of improvements under a residential construction contract, the original contractor shall provide to the owner a disbursement statement. The statement may include any information agreed to by the owner and the original contractor and must include at least the name and address of each person who subcontracted directly with the original contractor and who the original contractor intends to pay from the requested funds. The original contractor shall provide the disbursement statement: (1) in the manner agreed to in writing by the owner and original contractor; or (2) if no agreement exists, by depositing the statement in the United States mail, first class, postage paid, and properly addressed to the owner or by hand delivering the statement to the owner before the original contractor receives the requested funds. The failure of an original contractor to comply with this section does not invalidate a lien under this chapter, a contract lien, or a deed of trust. A person commits an offense if the person intentionally, knowingly, or recklessly provides false or misleading information in a disbursement statement required under this section. An offense under this section is a misdemeanor. A person adjudged guilty of an offense under this section shall be punished by a fine not to exceed $4,000 or confinement in jail for a term not to exceed one year or both a fine and confinement. A person may not receive community supervision for the offense.§ 53.258.
Request for Release of Lien - This Request for Release of Lien form is for use by an individual owner, original contractor or other person who has made a payment or satisfied a debt for labor and/or materials provided for the improvement of property to request that the person who furnished such labor and/or materials furnish a release of the indebtedness of any lien claimed on the property to the extent that the indebtedness has been paid. The release must be provided by no later than the 10th day after the date of receipt of the written request.
Demand for Payment - This Demand for Payment form is for use by an individual claimant to demand payment of a claim from an owner authorized to withhold funds under Texas Code § 53.083(a), and to provide notice to the owner that all or part of the claim has accrued under Texas Code § 53.053 or is past due according to the agreement between the parties.
Demand for Affidavit of Payment of Subcontractors, Materialmen, etc. by Original Contractor - This Demand for Affidavit of Payment of Subcontractors, Materialmen, etc by Original Contractor form is for use by an individual to request that a person who has furnished labor or materials for the construction of improvements on real property, provide an affidavit stating that the person has paid each of the person's subcontractors, laborers, or materialmen in full for all labor and materials provided to the person for the construction or provide the amount owed and the name and, if known, the address and telephone number of each subcontractor, laborer, or materialman to whom payment is owed.
Affidavit of Payment of Subcontractors, Materialmen, etc by Subcontractor - This Affidavit of Payment of Subcontractors, Materialmen, etc by Subcontractor form is for use by an individual subcontractor to state under oath, that as a condition of final payment all subcontractors, laborers, or materialmen of the subcontractor have been paid in full for all labor and materials used in the construction of the project, except as listed in the affidavit.
Request for Affidavit of Completion - This Request for Affidavit of Completion form is for use by an individual who has furnished labor or materials for improvements to property to request that the owner of the property provide a copy of the affidavit of completion not later than the date the affidavit is filed or the 10th day after the date that the owner receives the request, whichever is later.
Request for Information From Subcontractor - This form allows the owner to request certain basic information concerning the project from a subcontractor on the project. Within 10 days of the request, the subcontractor must provide: (1) information regarding the source of materials provided by the subcontractor to the project: (2) the name and address of the person the subcontractor furnished the materials on the project; and (3) information re any payment bond furnished the subcontractor.
Request to Claimant for Documents Reflecting Claim - This Request to Claimant for Documents Reflecting Claim is for use by an individual owner, the contractor under whom a bond is made, or a surety on a bond on which a claim is made, to request that a claimant for a lien under the bond furnish a copy of any applicable written agreement, purchase order, or contract and any billing, statement or payment request of the claimant reflecting the amount claimed and the work performed by the claimant for which the claim is made.
If you need additional information, please visit www.uslegalforms.com and look up forms by subject matter. You may also wish to visit our legal definitions page at http://definitions.uslegal.com/
III. TIPS ON COMPLETING THE FORMS
The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (".pdf" format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand.
It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter "a". Click this button and the form fields will be visible.
By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner.
IV. DISCLAIMER
These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All information and Forms are subject to this Disclaimer:
All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.
THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
