Mechanics liens

Texas mechanics lien law and deadlines

Texas runs on the 15th of the month. Subs and suppliers send a notice of claim by the 15th day of the third month (second month on residential jobs), and everyone files the lien affidavit with the county clerk by the 15th day of the fourth month (third month on residential jobs).

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A Texas mechanics lien comes from Chapter 53 of the Texas Property Code. The deadlines are counted in months, not days, and almost all of them land on the 15th. An original contractor (the one who contracts with the owner) files a lien affidavit with the county clerk by the 15th day of the fourth month after the month its work was completed, terminated, or abandoned, or the third month on a residential construction project. Subcontractors and suppliers must also send a notice of claim for unpaid labor or materials for each month they go unpaid. Most of the current rules took effect January 1, 2022, under House Bill 2237, so older forms and checklists may be wrong.

Texas lien deadlines at a glance (Property Code Chapter 53)
StepCommercial projectResidential projectSection
Notice of claim for unpaid labor or materials (subs and suppliers)15th day of the 3rd month after the month the work or materials were provided15th day of the 2nd month after that month§ 53.056
Notice of claim for unpaid retainage (subs and suppliers)Earlier of 30 days after your contract is completed, terminated, or abandoned, or 30 days after the original contract is terminated or abandonedSame§ 53.057
Lien affidavit, original contractor15th day of the 4th month after the month work was completed, terminated, or abandoned15th day of the 3rd month§ 53.052(a)
Lien affidavit, subs and suppliers15th day of the 4th month after the month you last provided labor or materials15th day of the 3rd month§ 53.052(b), (c)
Copy of filed affidavit to owner (and original contractor if you are a sub)Within 5 days after filingSame§ 53.055
Suit to foreclose1 year after the last day you could have filed the affidavitSame (extendable to 2 years by recorded written agreement with the owner)§ 53.158

If a deadline falls on a Saturday, Sunday, or legal holiday, § 53.003(e) pushes it to the next business day. Notices go in person, by certified mail, or by any traceable delivery service that confirms receipt (§ 53.003(b)).

Who has lien rights in Texas

Section 53.021 gives a lien to anyone who, under a contract with the owner, the owner's agent, a contractor, or a subcontractor, furnishes labor or materials for an improvement. It also covers material that was specially fabricated even if it never got delivered, licensed architects, engineers, and surveyors who prepare designs, plans, plats, or surveys, landscapers (including retention ponds, retaining walls, and irrigation), and demolition work. Texas calls anyone below the original contractor a derivative claimant, and derivative claimants carry the notice burden.

The monthly notice of claim

Texas does not use an up-front preliminary notice sent at the start of a job. Instead, § 53.056 requires a notice of claim for unpaid labor or materials, sent to both the owner (or reputed owner) and the original contractor, for each month that goes unpaid. The statute prints the form, titled "NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIALS", and the notice can include your invoice. A separate past-due notice to the original contractor alone is optional under § 53.056(a-4) and does not preserve the lien.

Example: an electrical sub on a Dallas office finish-out bills March work and is still unpaid in May. March is the month the work was provided, so the notice must go out by June 15 (the 15th day of the third month after March). If the same sub was wiring a custom home, the deadline would be May 15. Track it month by month, because April and May work each get their own clock.

Retainage has its own notice. If your subcontract holds retainage and the retained amount was not already covered in a monthly notice, § 53.057 requires a "NOTICE OF CLAIM FOR UNPAID RETAINAGE" no later than the earlier of 30 days after your own contract is completed, terminated, or abandoned, or 30 days after the original contract is terminated or abandoned. The lien affidavit for retainage is then due by the 15th day of the third month after the month the original contract was completed, terminated, or abandoned (§ 53.052(d)).

Filing the lien affidavit and suing to foreclose

File the affidavit with the county clerk in the county where the improvements are located (§ 53.052(e)). Within five days after filing, send a copy to the owner, and if you are not the original contractor, to the original contractor too (§ 53.055). The suit to foreclose must be brought by the first anniversary of the last day you could have filed the affidavit. That can be stretched to two years after filing only through a written agreement with the record owner, signed before the first period runs out and recorded with the county clerk (§ 53.158).

Lien waivers: statutory forms only

Texas is a mandatory-form state. Under §§ 53.281 to 53.284, a lien waiver is unenforceable unless it substantially complies with one of four statutory forms, is signed by the claimant or its agent, and, for a conditional form, there is evidence of payment. The four forms are:

  • Conditional Waiver and Release on Progress Payment
  • Unconditional Waiver and Release on Progress Payment
  • Conditional Waiver and Release on Final Payment
  • Unconditional Waiver and Release on Final Payment

Section 53.282 adds that a clause in a contract waiving lien rights in advance is not enforceable, with one exception: an original contract or subcontract for a single-family house, townhouse, or duplex (or related land development) signed before any labor or materials are provided. Sign conditional forms when you submit a pay app and unconditional forms only after the check clears. The conditional vs. unconditional lien waivers guide walks through the timing.

Residential projects and homesteads

Residential construction projects get shorter deadlines (see the table) plus extra steps in Subchapter K. If the property is the owner's homestead, § 53.254 requires a written contract signed before work starts, signed by both spouses if the owner is married, and filed with the county clerk. The lien affidavit must carry the bold notice "NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN." Original contractors on residential jobs also owe the owner a disclosure statement before signing (§ 53.255), a list of subs and suppliers (§ 53.256), and a final bills-paid affidavit at final payment (§ 53.259).

Owners on every private job must reserve 10 percent of the contract price or of the value of work performed during the work and for 30 days after completion (§ 53.101). That reserve is what subs and suppliers are really chasing when they send monthly notices.

Public projects use payment bonds

You cannot lien public property. Texas Government Code Chapter 2253 requires a payment bond on public work contracts over $25,000, or over $50,000 when the governmental entity is a municipality or certain joint boards (§ 2253.021). Claimants mail notice to the prime contractor and surety by the 15th day of the third month after each month of unpaid work (§ 2253.041), and lower-tier claimants have additional second-month notices (§ 2253.047). The Texas prompt payment rules and prevailing wage requirements also apply on many of those jobs.

Frequently asked questions

How long do I have to file a mechanics lien in Texas?

Generally by the 15th day of the fourth month after the month your work was completed or you last furnished labor or materials. On residential construction projects the deadline is the 15th day of the third month (Property Code § 53.052).

Does Texas require a preliminary notice?

Not at the start of the job. Subcontractors and suppliers must send a notice of claim for unpaid labor or materials to the owner and original contractor by the 15th day of the third month after each unpaid month, or the second month on residential projects (§ 53.056). Original contractors do not send this notice.

Are Texas lien waiver forms mandatory?

Yes. A waiver must substantially comply with one of the four forms in § 53.284 (conditional or unconditional, progress or final), or it does not release lien or payment bond rights.

How long does a Texas lien last?

Suit to foreclose must be filed by the first anniversary of the last day the lien affidavit could have been filed. A recorded written agreement with the owner, made before that date, can extend it to two years after the affidavit was filed (§ 53.158).

Can I lien a homestead in Texas?

Only if you meet § 53.254: a written contract signed before work begins (by both spouses if married), filed with the county clerk, and the required homestead notices on the affidavit and owner notice.

Sources

  1. Texas Legislature: Property Code Chapter 53, Mechanic's, Contractor's, or Materialman's Liens
  2. Texas Legislature: Government Code Chapter 2253, Public Work Performance and Payment Bonds

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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