Page v. Structural Wood Components, Inc.
102 S.W.3d 720 | Texas Supreme Court | 2003
What This Case Means for Subcontractors
A subcontractor (Structural Wood) finished its work in March 1998 but filed a lien affidavit 31 days later, after the owner had terminated the general contractor and hired others to finish the project. Texas's highest court ruled that the 30-day deadline to file a lien affidavit starts when YOUR contract ends, not when the overall project is completed. Because Structural Wood filed one day late, it lost its lien rights and recovered nothing.
Key Takeaways
- •File your lien affidavit within 30 days of YOUR contract termination, not when the project finishes. Missing this deadline costs you your lien rights entirely.
- •When a general contractor is fired or the project changes hands, your clock starts ticking immediately. Do not wait to see if other contractors finish the work.
- •Track your contract end date carefully and set a calendar reminder for day 25. One day late means you lose everything—courts will not make exceptions.
Work must be defined in relation to a particular contract.
Frequently Asked Question
When does my 30-day deadline to file a lien affidavit start if the general contractor gets fired?
Your deadline starts the day your contract with the general contractor ends or is terminated—not when the owner hires replacement contractors to finish the project. If you wait to see if the project gets completed, you will miss your deadline. File your affidavit within 30 days of termination or lose your lien rights permanently.
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