When a contractor, subcontractor, or supplier isn't paid on a Texas project, a mechanic's lien is one of the most effective tools available. But Texas lien rights are strictly deadline-driven. A late notice or an affidavit filed in the wrong month can make the lien invalid, no matter how much is owed.
For original contracts entered into on or after January 1, 2022, House Bill 2237 substantially rewrote Chapter 53 of the Texas Property Code. It simplified the notice system and introduced statutory notice forms. This guide summarizes the current deadlines. Projects under older contracts may still be governed by the prior rules.
First Question: Who Are You on the Project?
Texas lien deadlines depend on your position in the contract chain:
- Original contractor: contracts directly with the owner (or the owner's agent).
- Derivative claimant: a subcontractor, sub-subcontractor, or supplier that does not contract directly with the owner.
They also depend on whether the project is a residential construction project or a commercial (non-residential) project. Residential deadlines are generally one month shorter.
Deadline 1: Notice of Claim for Unpaid Labor or Materials (Subcontractors and Suppliers)
Under Section 53.056, a derivative claimant must send a notice of claim to the owner (or reputed owner) and the original contractor for the lien to be valid. The notice must be sent:
- Commercial projects: by the 15th day of the third month after the month in which the unpaid labor or materials were provided.
- Residential projects: by the 15th day of the second month after that month.
The statute prescribes the notice form. A separate notice is due for each month in which unpaid work was performed.
Example: A subcontractor on a commercial project goes unpaid for work performed in March. Its notice must be sent by June 15. On a residential project, the deadline would be May 15.
Deadline 2: Notice of Claim for Unpaid Retainage
A derivative claimant whose contract provides for retainage must also protect its lien rights for that retainage, to the extent it hasn't already been included in a Section 53.056 notice. Under Section 53.057, the retainage notice goes to the owner and the original contractor no later than the earlier of:
- the 30th day after the claimant's own contract is completed, terminated, or abandoned; or
- the 30th day after the original contract is terminated or abandoned.
Deadline 3: Filing the Lien Affidavit
The lien itself is perfected by filing an affidavit with the county clerk in the county where the improvements are located (Section 53.052).
| Claimant | Commercial project | Residential project |
|---|---|---|
| Original contractor | 15th day of the 4th month after the month its work was completed, terminated, or abandoned | 15th day of the 3rd month after that month |
| Subcontractor or supplier | 15th day of the 4th month after the month it last provided labor or materials | 15th day of the 3rd month after that month |
| Retainage claim (derivative claimant) | 15th day of the 3rd month after the month the original contract was completed, terminated, or abandoned | Same |
Within five days after filing, the claimant must send a copy of the affidavit to the owner, and a derivative claimant must also send a copy to the original contractor (Section 53.055).
Deadline 4: Suit to Foreclose the Lien
Under Section 53.158, a suit to foreclose the lien must be brought no later than the first anniversary of the last day the claimant could have filed the lien affidavit. The period can be extended to the second anniversary of the filing date, but only by a written agreement with the current record owner, made before the original period expires and recorded in the county where the lien was filed.
If no suit is filed in time, the lien can be discharged of record (Section 53.157).
Weekends, Holidays, and Proof of Delivery
If a deadline falls on a Saturday, Sunday, or legal holiday, it moves to the next business day (Section 53.003(e)). Notices must be delivered in person, by certified mail, or by another traceable delivery service that can confirm receipt (Section 53.003(b)). Keep proof of every notice you send.
What Owners and General Contractors Should Know
Lien deadlines matter on the other side of the contract too.
- Statutory retainage. During the work and for 30 days after the work is completed, an owner must reserve 10% of the contract price, or 10% of the value of the work, under Section 53.101. An owner that fails to reserve these funds can face liability to properly perfected claimants.
- Withholding after notice. A notice of claim from a subcontractor or supplier is a signal to review pay applications, lien waivers, and the amounts withheld before the next payment goes out.
- Attorney's fees. In proceedings to foreclose a lien, or to declare a lien invalid or unenforceable, the court must award costs and reasonable attorney's fees as are equitable and just (Section 53.156). The section has a residential-owner exception.
Special Situations
- Homesteads. A lien on a homestead requires additional formalities, including a written contract signed before the work begins (and by both spouses if the owner is married), filed with the county clerk (Section 53.254).
- Public projects. Mechanic's liens generally cannot attach to public property. On public work, payment protection usually comes through payment bond claims under Chapter 2253 of the Government Code, which has its own notice deadlines.
- Pre-2022 contracts. If the original contract was signed before January 1, 2022, earlier versions of Chapter 53 may apply.
How TMF & Associates Helps
TMF & Associates represents construction companies, general contractors, subcontractors, developers, and property owners in construction disputes, including contract disputes, delay claims, and lien matters. We help clients calendar and meet lien deadlines, evaluate liens filed against their projects, and resolve payment disputes efficiently or, when necessary, in court. For defect-related issues, see our article on construction defect claims in Texas, and learn more about our Construction Law and Litigation practice.
Frequently Asked Questions
How long does a contractor have to file a lien in Texas?
For commercial projects, generally until the 15th day of the fourth month after the month the claimant's work was completed (original contractors) or the month the claimant last provided labor or materials (subcontractors and suppliers). For residential projects, it is generally the 15th day of the third month. Subcontractors and suppliers must also send timely notices first.
How long does a mechanic's lien last in Texas?
The claimant must sue to foreclose by the first anniversary of the last day the lien affidavit could have been filed. That can be extended by a recorded written agreement with the owner, up to the second anniversary of the filing date.
How does a mechanic's lien work in Texas?
A claimant who is owed for labor or materials sends any required notices, files a lien affidavit with the county clerk, sends copies to the owner (and the original contractor, for derivative claimants), and, if the debt is not paid, files suit to foreclose within the statutory period.
What if a deadline falls on a weekend?
Under Section 53.003(e), it is extended to the next day that is not a Saturday, Sunday, or legal holiday.
Talk With a Texas Construction Lawyer
If you are owed money on a Texas project, or a lien has been filed against your property or project, call TMF & Associates at (281) 296-6500 or reach us through our contact page.
This article is for general information only and is not legal advice. Reading it or contacting our firm does not create an attorney-client relationship. Every matter depends on its own facts, and the law may change after publication. Consult a lawyer about your specific situation.