TDIndustries, Inc. v. NCNB Texas National Bank

OPINION

McCLOUD, Justice.

The controlling issue in this case is the date the work was “completed” on a construction contract under TEX.PROP.CODE ANN. § 53.101 (Vernon Supp.1992). TDIn-dustries, Inc. (TDI), a subcontractor, sought to foreclose its mechanic’s lien against property owned by NCNB Texas National Bank (NCNB). TDI filed its lien after notifying NCNB that TDI had not been paid for work on the subcontract and after requesting payment from the retain-age held by NCNB. NCNB counterclaimed seeking a declaratory judgment that the lien was invalid. In a nonjury trial, the trial court held…