Arias v. Brookstone, L.P.

OPINION

SAM NUCHIA, Justice.

This appeal arises out of disputes over the construction of a new building for the Unity Church of Christianity. Among other things, we must decide whether Property Code section 53.055 requires that a mechanic’s, contractor’s, and material-*463man’s lien affidavit be filed with the county clerk before the required notice is given. Tex. PROp.Code Ann. § 53.055 (Vernon Supp.2007). We hold that it does not.

Background

Brookstone, L.P. (“Brookstone”) was the general contractor on the construction project. Brookstone posted a payment bond in favor of Unity, which was issued by…