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Residential Projects

The rules related to residential projects are very different from those that apply to non-residential contracts. A residential construction project is a project for the construction or repair of a new or existing residence, including improvements appurtenant to the residence, as provided by a residential construction contract. A residential construction contract is a contract between an owner and a contractor in which the contractor agrees to construct or repair the owner’s residence, including improvements appurtenant to the residence. A “residence” is a single-family house, duplex, triplex, or quadplex or a unit in a multiunit structure used for residential purposes that is owned by one or more adult persons; and used or intended to be used as a dwelling by one of the owners.

Property Code Subchapter K, discussed in the pages listed below, applies only to residential construction projects. However, a person must comply with the other applicable provisions of the mechanic’s lien chapter as well as Subchapter K to perfect a lien that arises from a claim resulting from a residential construction project. We have broken these rules down into the following categories:

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