Lovein Ribman Texas Construction Law

Texas Construction Attorneys

What is an Original Contractor, First-Tier Subcontractor, Supplier, Laborer?

The Texas Property Code does not use the term “General Contractor” in defining Lien rights, requirements and deadlines, but instead looks at the relationship between the parties. If you were hired directly by the Property Owner or the Property Owner’s Agent, then you are an “Original Contractor”. An Original Contractor can and typically does, perform the role of a General Contractor, but even a Material Supplier, Equipment Supplier, Engineer, Architect, or Laborer can be an Original Contractor if hired by the Property Owner. It is therefore possible for one project to have several Original Contractors.

If you were hired by an Original Contractor, then you are a First-Tier Subcontractor, Supplier, or Laborer. If you were hired by a Subcontractor, Supplier, or Laborer of any level, then you are considered a Second-Tier Subcontractor, Supplier, or Laborer for Lien purposes. However, the 2022 Texas Property Code amendments removed the distinction between First and Second-Tier Subcontractors, Suppliers, and Laborers and now the requirements and deadlines for perfecting a lien are the same for both tiers.