Texas Contractor Exam — All Questions

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3 questions

State Contracting Law, Liens & Contracts

Texas mechanic's and materialman's lien rights on private construction projects are governed primarily by which law?

a.The Texas Business and Commerce Code, Chapter 2
b.The Texas Property Code, Chapter 53✓
c.The Texas Penal Code, Chapter 31
d.The federal Miller Act

Chapter 53 of the Texas Property Code sets out the mechanic's, contractor's, and materialman's lien rights on private projects, including who may claim a lien, the required notices, and filing deadlines. (The federal Miller Act applies to federal public works, not private Texas projects.)

State Contracting Law, Liens & Contracts

Under the Texas Property Code, when must an original (prime) contractor on a non-residential project file the lien affidavit?

a.Within 10 days after starting work
b.Any time within two years
c.By the 15th day of the fourth calendar month after the month the work was completed, terminated, or abandoned✓
d.Only after a court judgment

For non-residential projects, an original contractor must file the lien affidavit with the county clerk by the 15th day of the fourth calendar month after the month in which the original contract was completed, terminated, or abandoned. (Residential projects use a shorter third-month deadline.) Missing the statutory deadline generally forfeits the lien.

State Contracting Law, Liens & Contracts

A Texas homeowner claims a construction defect in a new home. Before the homeowner can sue, the Residential Construction Liability Act (RCLA) generally requires them to do what?

a.Give the contractor written notice of the defect and a reasonable opportunity to inspect and offer to repair✓
b.Immediately file a lawsuit without notice
c.Report the contractor to the FBI
d.Wait ten years before taking any action

The Residential Construction Liability Act (Texas Property Code Chapter 27) requires a homeowner to send the contractor written notice of the alleged defect and allow the contractor an opportunity to inspect and make a written offer of repair or settlement before litigation proceeds. This encourages resolution without a lawsuit.