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FILED
1 CIT/ESERVE 93%}: $5593“;
FELICIA PITRE
DISTRICT CLERK
Alicia Mata
Cause No. DC-19-06208
YOLANDA M. ALLEN, § IN THE DISTRICT COURT
§
Plaintiff, §
§
V. §
§
SAMI HABASH and CHRISTINE SAHOURY, § 160th DISTRICT COURT
§
§
Defendants. §
§
v. §
§
VICKI ALEXANDER, §
§
Third Party Defendant. § DALLAS COUNTY, TEXAS
THIRD-PARTY PLAINTIFFS’ ORIGINAL PETITION
Third-Party Plaintiffs Sami Habash and Christine Sahoury, Defendants in the above—
styled case, hereby file this their Original Petition against Third-Party Defendant Vicki
Alexander.
Discovery Level
1. Third-Pafiy Plaintiffs intend t0 conduct discovery in accordance with Level 2 0f Texas
Rule of Civil Procedure 190.2.
PLtieS
2. Third-Pafiy Plaintiffs are individuals residing in Collin County, Texas and are before this
Court.
3. Third-Party Defendant Vicki Alexander is an individual residing in Dallas County,
Texas. Ms. Alexander may be served with process at her residence at 524 Newcastle Dr.,
Desoto, Dallas County, Texas75 1 15.
Original Third-Party Petition Page 1
m
4. Sami Habash and his Wife Christine Sahoury are the owners 0f the house located at 1623
S. Westmoreland Rd. in Glenn Heights, Dallas County, Texas (“the Property”).
5. On or about August 19, 2019, Mr. Habash and Ms. Sahoury discovered that Vicki
Alexander had recorded a $30,000.00 mechanic’s lien against the Property. The lien was
recorded with the Dallas County Clerk on July 3, 2019 under instrument number 201900171632
(“the Lien”). A true and correct copy of the Lien is attached to this Third-Party Petition as
Exhibit A.
6. The basis for the Lien is for payments Ms. Alexander made to Yolanda M. Allen for
attorney’s fees and coufi costs incurred by Ms. Allen during Ms. Allen’s litigation relating to the
Property. Ms. Alexander is evidently a close friend of Ms. Allen’s.
7. At no point did Mr. Habash or Ms. Sahoury ever hire Ms. Alexander to provide labor or
materials for the construction or repair of the Propefiy. The Lien fails t0 comply with the
requirements of Chapter 53 0f the Texas Property Code. Also, Ms. Alexander failed to give Mr.
Habash and Ms. Sahoury notice that she had recorded the Lien.
8. When Mr. Habash and Ms. Sahoury discovered the Lien, they mailed Ms. Alexander a
letter explaining why the Lien was invalid and enclosing a lien release. The letter was sent by
first class mail and by certified mail. The certified letter was delivered to Ms. Alexander’s
address 0n August 22, 2019.
9. As of the date of this filing, Ms. Alexander has refused to sign a release of the Lien.
CAUSES OF ACTION
Declaratory Relief
10. Mr. Habash and Ms. Sahoury are people interested under the July 12, 2017 deed from
Original Third-Party Petition Page 2
Clayton Sams and Neo Proteus L.L.C. to them under which they became owners of the Property.
They are also interested under the July 3, 2019 Lien that Ms. Alexander recorded against the
Property.
11. Mr. Habash and Ms. Sahoury request that the Court make the following declarations in
accordance with §37.004 of the Texas Declaratory Judgments Act:
a. that the Lien is invalid; and that
b. Mr. Habash and Ms. Sahoury hold good legal title to the Property free and clear
of any purported interest 0f Vicki Alexander.
12. The Lien is invalid because it was not for labor or materials done to construct or repair
the Property; because the Lien did not meet the requirements of §53.054 0f the Texas Property
Code; and because Ms. Alexander did not provide the notice required under §53.055 of the
Texas Property Code.
13. In accordance with §37.009 of the Act and §53.156 of the Texas Propefiy Code, Mr.
Habash and Ms. Sahoury also request that the Court award them their costs and reasonable
and/or reasonable and necessary attorney’s fees as the Court deems equitable and just.
Fraudulent Lien Recording
14. Mr. Habash and Ms. Sahoury reallege the facts set forth above. Ms. Alexander violated
Chapter 12 0f the Civil Practice and Remedies Code by making, presenting and using the Lien
with knowledge that the Lien was a fraudulent document claiming an interest in real estate, and
With the intent that the Lien be given the same legal effect as a valid claim against the Property.
Ms. Alexander did this intentionally to cause Mr. Habash and Ms. Sahoury t0 suffer financial
injury, mental anguish and/or emotional distress. In accordance with §12.002(b), Mr. Habash and
Ms. Sahoury are therefore entitled t0 recover as damages the greater of either (a) $10,000; or (b)
Original Third-Party Petition Page 3
their actual damages sustained as a result of Ms. Alexander’s Violations.
Attornevs’ Fees and Exemplarv Damages
15. Under §12.002(b) of the Texas Civil Practice and Remedies Code, Mr. Habash and Ms.
Sahoury are also entitled to recover their attorney’s fees, court costs, and exemplary damages in
an amount to be determined by this Court.
Reguest for Relief
Therefore, Sami Habash and Christine Sahoury request that Vicki Alexander be cited to appear
and answer in this lawsuit, and that:
1. The Court grant them judgment 0n all their claims against Vicki Alexander;
2. The Court award them their court costs and attorney’s fees as requested above;
3. The Court grant them all such other and fin'ther relief, special 0r general, legal or
equitable, to which they may be shown to be justly entitled.
Respectfully submitted,
/s/ Marguerite Broussard
Marguerite Broussard
Texas Bar N0. 00792372
320 Decker Dr., Suite 100
Irving,Texas 75062
Telephone: (972) 719-2627
Facsimile: (972) 719-2628
mbroussard@broussardlawfirm.com
ATTORNEY FOR DEFENDANTS
SAMI HABASH AND CHRISTINE SAHOURY
Original Third-Party Petition Page 4
Certificate 0f Service
I certify that a true and correct copy of the foregoing was served on all parties of record
on September 17, 2019 by e-service in accordance With the Texas Rules 0f Civil Procedure.
/s/ Marguerite Broussard
Original Third-Party Petition Page 5
HvamuuwWm IL 2m 635,5
Recording Requested by |
Vicki Alexander I
I
|
And When Recorded mail this document |
To: I
Sami Habash |
9991 Carriage Hill Lane |
Frisco, Texas 75035 |
I
NOTICE OF MECHANIC’S LIEN
Texas Property Code
The undersigned Vicki Alexander, referred to in this Claim of Lien as the Claimants, claims a
mechanic’s the labor, services and materials and described below, to construct the real
lien for
property located in Glenn Heights, Texas and describe as follows: The Homestead of Yolanda
Allen a 4237 square foot home, whose primary entrance is known as or commonly identified as
1623 S. Westmoreland Road, Glenn Heights, Texas 75154. The legal description of the property
ISI
TRACT and TRACT
l || lying and being situated in the Hart Survey, Abstract No
563, Dallas County, Texas
TRACT l
Being situated in the ABRAHAM HART SURVEY, ABSTRACT No. 563, being
A part of that certain 20.8237 acres conveyed to Syble Bray by Deed recorded in
Volume 81019, Page 1029, Deed Records of Dallas County, Texas, and being more
particularly Described by mete and bounds as follows:
Beginning at an iron rod found for corner in the West line of Westmoreland Road
(60 foot right of way) that is South 00 degrees 13 minutes 59 seconds East, 392.04
feet from the Northwest corner of said Syble Bray tract;
Thence continuing South 00 degrees 13 minutes 59 seconds East, along the West
line of Westmoreland Road and the East line of said Bray tract, a distance of 121.66
feet to an iron rod set for corner.
Thence South 89 degrees 51 minutes 05 seconds West and crossing Said Bray tract
a distance of 750 feet to an iron rod set for corner.
Thence West and continuing across said Bray tract, a distance of 250 feet to an iron
rod found for corner in the West line of said Bray tract,
Thence North 00 degrees 13 minutes 59 seconds West, along the West line
of said Bray tract, and parallel to Westmoreland Road, a distance of 121.66
feet to an iron rod found for corner in same.
Thence North 89 degrees 53 minutes 19 seconds East, and crossing said Bray
tract, a distance of 1,000 fee to the PLACE 0F BEGINNING and CONTAINING
121,902 square feet or 2.798 acres of land, more or less.
Hereby claim a mechanic’s lien as follows:
1. Claimant’s demand is $30,000.00, plus interest at the rate of 10% per annum
2. Name of the record title owners, reputed owners and/or legal trustees are: Sami
Habash and Christine
3. Claimant Vicki Alexander, loaned money to keep the real prOperty from 2018 ~2019,
began construction on the Homestead in 2011. From 2018 -2019 Claimant provided
cash to help pay for TRO’s and posting of bonds to keep the homestead of Yolanda
M. Allen, because her Deed had been transferred twice by fraudulent documents.
The following is a list of updates done to the property located at 1623 S.
Westmoreland Road, Glenn Heights, Texas 75154
Deposit of $9,558.00 to the Court
Deposit of $ 1,500.00 to the Court
WPPN!‘
3 - TRO'S S 2,500.00
-
Mediation $750.00
- $500.00
Temporary Injunction
Claimant loaned money to Yolanda M. Allen to protect the home she built with proceeds from
her deceased husband life insurance. Convicted felon Rick Payne and corrupt Sami Habash,
plotted a plan to obtain the Homestead of the widow. All services were performed at the said
property located at 1623 S. Westmoreland Road, Glenn Heights, Texas 75154.
[5/
9v
Signed and Executed and Filed by the Claimant on this day ofJune, 2019.
Vicki Ale . nder
524 Ne Castle Drive
Desot, Texas 75115
By:
Vicki Aléxander
STATE 0F TEXAS
COUNTY 0F DALLAS
SWORN AND SUBSCRIBED before me, on this day ofJune, 2019, personally appeared Vicki
Alexander, know to me to be the person whose name is subscribed to the foregoing instrument
and acknowledge to me that she executed the same for the purposes and consideration therein
expressed
Given under my hand and seal of office this /fday ofJune, 2019.
'
tary P blic Signature
NOTICE OF MECHANIC’S LIEN
PROPERTY CODE
TITLE 5. EXEMPT PROPERTY AND LIENS
SUBTITLE B. LIENS
CHAPTER 53. MECHANICS, CONTRACTOR'S, OR MATERIALMAN'S LIEN
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 53.001. DEFINITIONS. In this chapter:
(1) "Contract price" means the cost to the owner for any part of construction or repair performed under an
original contract.
(2) "Improvement" includes:
(A) abutting sidewalks and streets and utilities in or on those sidewalks and streets;
(B) clearing, grubbing, draining, or fencing of land;
(C) wells, cisterns, tanks, reservoirs, or artificial lakes or pools made for supplying or storing water;
(D) pumps, siphons, and windmills or other machinery or apparatuses used for raising water for stock, domestic
use, or irrigation; and
(E) planting orchard trees, grubbing out orchards and replacing trees, and pruning of orchard trees.
(3) "Labor" means labor used in the direct prosecution of the work.
(4) "Material" means all or part of:
(A) the material, machinery, fixtures, or tools incorporated into the work, consumed in the direct prosecution of
the work, or ordered and delivered for incorporation or consumption;
(B) rent at a reasonable rate and actual running repairs at a reasonable cost for construction equipment used or
reasonably required and delivered for use in the direct prosecution of the work at the site of the construction or
repair; or
(C) power, water, fuel, and lubricants consumed or ordered and delivered for consumption in the direct
prosecution of the work.
(5) "Mechanic's lien" means the lien provided by this chapter.
(6) "Original contract" means an agreement to which an owner is a party either directly or by implication of law.
(7) "Original contractor" means a person contracting with an owner either directly or through the owner's agent.
"Residence" means a single—family house, duplex, triplex, or quadruplex or a unit in a multiunit structure used
(8)
for residential purposes that is:
(A) owned by one or more adult persons; and
(B) used or intended to be used as a dwelling by one of the owners.
means a contract between an owner and a contractor in which the
(9) "Residential construction contract"
contractor agrees to construct or repair the owner's residence, including improvements appurtenant to the
residence.
(10) "Residential construction project" means 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.
(11) "Retainage" means an amount representing part of a contract payment that is no't required to be paid to the
claimant within the month following the month in which labor is performed, material is furnished, or specially
fabricated material is delivered. The term does not include retainage under Subchapter E.
(12) "Specially fabricated material" means material fabricated for use as a component of the construction or
repair so as to be reasonably unsuitable for use elsewhere.
means a person who has furnished labor or materials to fulfill an obligation to an original
(13) "Subcontractor"
contractor or to a subcontractor to perform all or part of the work required by an original contract.
(14) "Work" means any part of construction or repair performed under an original contract.
(15) "Completion" of an original contract means the actual completion of the work, including any extras or change
orders reasonably required or contemplated under the original contract, other than warranty work or replacement
or repair of the work performed under the contract.
Acts 1983, 68th Leg., p. 3533, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 2,
eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 889, Sec. 1, eff. Sept. 1, 1999.
Sec. 53.002. MORE THAN ONE ORIGINAL CONTRACTOR. On any work there may be more than one original
contractor for purposes of this chapter.
Acts 1983, 68th Leg., p. 3535, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 53.003. NOTICES.
(a) This section applies to notices required by Subchapters B through G and K.
(b) Any notice or other written communication may be delivered in person to the party entitled to the notice or to
that party's agent, regardless of the manner prescribed by law.
If notice is sent by registered or certified mail, deposit or mailing of the notice in the United States mail in the
(c)
form required constitutes compliance with the notice requirement. This subsection does not apply if the law
requires receipt of the notice by the person to whom it is directed.
(d) If a written notice is received by the person entitled to receive it, the method by which the notice was
delivered is immaterial.
Acts 1983, 68th Leg., p. 3535, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 3,
eff. Sept. 1, 1997.
PROOF OF SERVICE AFFIDAVIT
l, Yolanda Allen declare that served a copy of the enclosed
l
MECHANICS LlEN by certified mail to the following
address:
Sami Habash and Christine Sahoury
9991 Carriage Hill Lane
Frisco, Texas 75035
Filed and Recorded
Official Public Records
John F. warren. County Clerk
Dallas County, TEXQS
®7!@3/2019 01:18:43 PM
$42.00
2019@@171632
Preview
FILED 1 CIT/ESERVE 93%}: $5593“; FELICIA PITRE DISTRICT CLERK Alicia Mata Cause No. DC-19-06208 YOLANDA M. ALLEN, § IN THE DISTRICT COURT § Plaintiff, § § V. § § SAMI HABASH and CHRISTINE SAHOURY, § 160th DISTRICT COURT § § Defendants. § § v. § § VICKI ALEXANDER, § § Third Party Defendant. § DALLAS COUNTY, TEXAS THIRD-PARTY PLAINTIFFS’ ORIGINAL PETITION Third-Party Plaintiffs Sami Habash and Christine Sahoury, Defendants in the above— styled case, hereby file this their Original Petition against Third-Party Defendant Vicki Alexander. Discovery Level 1. Third-Pafiy Plaintiffs intend t0 conduct discovery in accordance with Level 2 0f Texas Rule of Civil Procedure 190.2. PLtieS 2. Third-Pafiy Plaintiffs are individuals residing in Collin County, Texas and are before this Court. 3. Third-Party Defendant Vicki Alexander is an individual residing in Dallas County, Texas. Ms. Alexander may be served with process at her residence at 524 Newcastle Dr., Desoto, Dallas County, Texas75 1 15. Original Third-Party Petition Page 1 m 4. Sami Habash and his Wife Christine Sahoury are the owners 0f the house located at 1623 S. Westmoreland Rd. in Glenn Heights, Dallas County, Texas (“the Property”). 5. On or about August 19, 2019, Mr. Habash and Ms. Sahoury discovered that Vicki Alexander had recorded a $30,000.00 mechanic’s lien against the Property. The lien was recorded with the Dallas County Clerk on July 3, 2019 under instrument number 201900171632 (“the Lien”). A true and correct copy of the Lien is attached to this Third-Party Petition as Exhibit A. 6. The basis for the Lien is for payments Ms. Alexander made to Yolanda M. Allen for attorney’s fees and coufi costs incurred by Ms. Allen during Ms. Allen’s litigation relating to the Property. Ms. Alexander is evidently a close friend of Ms. Allen’s. 7. At no point did Mr. Habash or Ms. Sahoury ever hire Ms. Alexander to provide labor or materials for the construction or repair of the Propefiy. The Lien fails t0 comply with the requirements of Chapter 53 0f the Texas Property Code. Also, Ms. Alexander failed to give Mr. Habash and Ms. Sahoury notice that she had recorded the Lien. 8. When Mr. Habash and Ms. Sahoury discovered the Lien, they mailed Ms. Alexander a letter explaining why the Lien was invalid and enclosing a lien release. The letter was sent by first class mail and by certified mail. The certified letter was delivered to Ms. Alexander’s address 0n August 22, 2019. 9. As of the date of this filing, Ms. Alexander has refused to sign a release of the Lien. CAUSES OF ACTION Declaratory Relief 10. Mr. Habash and Ms. Sahoury are people interested under the July 12, 2017 deed from Original Third-Party Petition Page 2 Clayton Sams and Neo Proteus L.L.C. to them under which they became owners of the Property. They are also interested under the July 3, 2019 Lien that Ms. Alexander recorded against the Property. 11. Mr. Habash and Ms. Sahoury request that the Court make the following declarations in accordance with §37.004 of the Texas Declaratory Judgments Act: a. that the Lien is invalid; and that b. Mr. Habash and Ms. Sahoury hold good legal title to the Property free and clear of any purported interest 0f Vicki Alexander. 12. The Lien is invalid because it was not for labor or materials done to construct or repair the Property; because the Lien did not meet the requirements of §53.054 0f the Texas Property Code; and because Ms. Alexander did not provide the notice required under §53.055 of the Texas Property Code. 13. In accordance with §37.009 of the Act and §53.156 of the Texas Propefiy Code, Mr. Habash and Ms. Sahoury also request that the Court award them their costs and reasonable and/or reasonable and necessary attorney’s fees as the Court deems equitable and just. Fraudulent Lien Recording 14. Mr. Habash and Ms. Sahoury reallege the facts set forth above. Ms. Alexander violated Chapter 12 0f the Civil Practice and Remedies Code by making, presenting and using the Lien with knowledge that the Lien was a fraudulent document claiming an interest in real estate, and With the intent that the Lien be given the same legal effect as a valid claim against the Property. Ms. Alexander did this intentionally to cause Mr. Habash and Ms. Sahoury t0 suffer financial injury, mental anguish and/or emotional distress. In accordance with §12.002(b), Mr. Habash and Ms. Sahoury are therefore entitled t0 recover as damages the greater of either (a) $10,000; or (b) Original Third-Party Petition Page 3 their actual damages sustained as a result of Ms. Alexander’s Violations. Attornevs’ Fees and Exemplarv Damages 15. Under §12.002(b) of the Texas Civil Practice and Remedies Code, Mr. Habash and Ms. Sahoury are also entitled to recover their attorney’s fees, court costs, and exemplary damages in an amount to be determined by this Court. Reguest for Relief Therefore, Sami Habash and Christine Sahoury request that Vicki Alexander be cited to appear and answer in this lawsuit, and that: 1. The Court grant them judgment 0n all their claims against Vicki Alexander; 2. The Court award them their court costs and attorney’s fees as requested above; 3. The Court grant them all such other and fin'ther relief, special 0r general, legal or equitable, to which they may be shown to be justly entitled. Respectfully submitted, /s/ Marguerite Broussard Marguerite Broussard Texas Bar N0. 00792372 320 Decker Dr., Suite 100 Irving,Texas 75062 Telephone: (972) 719-2627 Facsimile: (972) 719-2628 mbroussard@broussardlawfirm.com ATTORNEY FOR DEFENDANTS SAMI HABASH AND CHRISTINE SAHOURY Original Third-Party Petition Page 4 Certificate 0f Service I certify that a true and correct copy of the foregoing was served on all parties of record on September 17, 2019 by e-service in accordance With the Texas Rules 0f Civil Procedure. /s/ Marguerite Broussard Original Third-Party Petition Page 5 HvamuuwWm IL 2m 635,5 Recording Requested by | Vicki Alexander I I | And When Recorded mail this document | To: I Sami Habash | 9991 Carriage Hill Lane | Frisco, Texas 75035 | I NOTICE OF MECHANIC’S LIEN Texas Property Code The undersigned Vicki Alexander, referred to in this Claim of Lien as the Claimants, claims a mechanic’s the labor, services and materials and described below, to construct the real lien for property located in Glenn Heights, Texas and describe as follows: The Homestead of Yolanda Allen a 4237 square foot home, whose primary entrance is known as or commonly identified as 1623 S. Westmoreland Road, Glenn Heights, Texas 75154. The legal description of the property ISI TRACT and TRACT l || lying and being situated in the Hart Survey, Abstract No 563, Dallas County, Texas TRACT l Being situated in the ABRAHAM HART SURVEY, ABSTRACT No. 563, being A part of that certain 20.8237 acres conveyed to Syble Bray by Deed recorded in Volume 81019, Page 1029, Deed Records of Dallas County, Texas, and being more particularly Described by mete and bounds as follows: Beginning at an iron rod found for corner in the West line of Westmoreland Road (60 foot right of way) that is South 00 degrees 13 minutes 59 seconds East, 392.04 feet from the Northwest corner of said Syble Bray tract; Thence continuing South 00 degrees 13 minutes 59 seconds East, along the West line of Westmoreland Road and the East line of said Bray tract, a distance of 121.66 feet to an iron rod set for corner. Thence South 89 degrees 51 minutes 05 seconds West and crossing Said Bray tract a distance of 750 feet to an iron rod set for corner. Thence West and continuing across said Bray tract, a distance of 250 feet to an iron rod found for corner in the West line of said Bray tract, Thence North 00 degrees 13 minutes 59 seconds West, along the West line of said Bray tract, and parallel to Westmoreland Road, a distance of 121.66 feet to an iron rod found for corner in same. Thence North 89 degrees 53 minutes 19 seconds East, and crossing said Bray tract, a distance of 1,000 fee to the PLACE 0F BEGINNING and CONTAINING 121,902 square feet or 2.798 acres of land, more or less. Hereby claim a mechanic’s lien as follows: 1. Claimant’s demand is $30,000.00, plus interest at the rate of 10% per annum 2. Name of the record title owners, reputed owners and/or legal trustees are: Sami Habash and Christine 3. Claimant Vicki Alexander, loaned money to keep the real prOperty from 2018 ~2019, began construction on the Homestead in 2011. From 2018 -2019 Claimant provided cash to help pay for TRO’s and posting of bonds to keep the homestead of Yolanda M. Allen, because her Deed had been transferred twice by fraudulent documents. The following is a list of updates done to the property located at 1623 S. Westmoreland Road, Glenn Heights, Texas 75154 Deposit of $9,558.00 to the Court Deposit of $ 1,500.00 to the Court WPPN!‘ 3 - TRO'S S 2,500.00 - Mediation $750.00 - $500.00 Temporary Injunction Claimant loaned money to Yolanda M. Allen to protect the home she built with proceeds from her deceased husband life insurance. Convicted felon Rick Payne and corrupt Sami Habash, plotted a plan to obtain the Homestead of the widow. All services were performed at the said property located at 1623 S. Westmoreland Road, Glenn Heights, Texas 75154. [5/ 9v Signed and Executed and Filed by the Claimant on this day ofJune, 2019. Vicki Ale . nder 524 Ne Castle Drive Desot, Texas 75115 By: Vicki Aléxander STATE 0F TEXAS COUNTY 0F DALLAS SWORN AND SUBSCRIBED before me, on this day ofJune, 2019, personally appeared Vicki Alexander, know to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that she executed the same for the purposes and consideration therein expressed Given under my hand and seal of office this /fday ofJune, 2019. ' tary P blic Signature NOTICE OF MECHANIC’S LIEN PROPERTY CODE TITLE 5. EXEMPT PROPERTY AND LIENS SUBTITLE B. LIENS CHAPTER 53. MECHANICS, CONTRACTOR'S, OR MATERIALMAN'S LIEN SUBCHAPTER A. GENERAL PROVISIONS Sec. 53.001. DEFINITIONS. In this chapter: (1) "Contract price" means the cost to the owner for any part of construction or repair performed under an original contract. (2) "Improvement" includes: (A) abutting sidewalks and streets and utilities in or on those sidewalks and streets; (B) clearing, grubbing, draining, or fencing of land; (C) wells, cisterns, tanks, reservoirs, or artificial lakes or pools made for supplying or storing water; (D) pumps, siphons, and windmills or other machinery or apparatuses used for raising water for stock, domestic use, or irrigation; and (E) planting orchard trees, grubbing out orchards and replacing trees, and pruning of orchard trees. (3) "Labor" means labor used in the direct prosecution of the work. (4) "Material" means all or part of: (A) the material, machinery, fixtures, or tools incorporated into the work, consumed in the direct prosecution of the work, or ordered and delivered for incorporation or consumption; (B) rent at a reasonable rate and actual running repairs at a reasonable cost for construction equipment used or reasonably required and delivered for use in the direct prosecution of the work at the site of the construction or repair; or (C) power, water, fuel, and lubricants consumed or ordered and delivered for consumption in the direct prosecution of the work. (5) "Mechanic's lien" means the lien provided by this chapter. (6) "Original contract" means an agreement to which an owner is a party either directly or by implication of law. (7) "Original contractor" means a person contracting with an owner either directly or through the owner's agent. "Residence" means a single—family house, duplex, triplex, or quadruplex or a unit in a multiunit structure used (8) for residential purposes that is: (A) owned by one or more adult persons; and (B) used or intended to be used as a dwelling by one of the owners. means a contract between an owner and a contractor in which the (9) "Residential construction contract" contractor agrees to construct or repair the owner's residence, including improvements appurtenant to the residence. (10) "Residential construction project" means 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. (11) "Retainage" means an amount representing part of a contract payment that is no't required to be paid to the claimant within the month following the month in which labor is performed, material is furnished, or specially fabricated material is delivered. The term does not include retainage under Subchapter E. (12) "Specially fabricated material" means material fabricated for use as a component of the construction or repair so as to be reasonably unsuitable for use elsewhere. means a person who has furnished labor or materials to fulfill an obligation to an original (13) "Subcontractor" contractor or to a subcontractor to perform all or part of the work required by an original contract. (14) "Work" means any part of construction or repair performed under an original contract. (15) "Completion" of an original contract means the actual completion of the work, including any extras or change orders reasonably required or contemplated under the original contract, other than warranty work or replacement or repair of the work performed under the contract. Acts 1983, 68th Leg., p. 3533, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 889, Sec. 1, eff. Sept. 1, 1999. Sec. 53.002. MORE THAN ONE ORIGINAL CONTRACTOR. On any work there may be more than one original contractor for purposes of this chapter. Acts 1983, 68th Leg., p. 3535, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 53.003. NOTICES. (a) This section applies to notices required by Subchapters B through G and K. (b) Any notice or other written communication may be delivered in person to the party entitled to the notice or to that party's agent, regardless of the manner prescribed by law. If notice is sent by registered or certified mail, deposit or mailing of the notice in the United States mail in the (c) form required constitutes compliance with the notice requirement. This subsection does not apply if the law requires receipt of the notice by the person to whom it is directed. (d) If a written notice is received by the person entitled to receive it, the method by which the notice was delivered is immaterial. Acts 1983, 68th Leg., p. 3535, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 3, eff. Sept. 1, 1997. PROOF OF SERVICE AFFIDAVIT l, Yolanda Allen declare that served a copy of the enclosed l MECHANICS LlEN by certified mail to the following address: Sami Habash and Christine Sahoury 9991 Carriage Hill Lane Frisco, Texas 75035 Filed and Recorded Official Public Records John F. warren. County Clerk Dallas County, TEXQS ®7!@3/2019 01:18:43 PM $42.00 2019@@171632