Texas Construction Lien FAQ

In Texas, the lien affidavit deadline depends on your role and whether the project is residential or nonresidential. Original contractors generally file by the 15th day of the 3rd month (residential) or 15th day of the 4th month (nonresidential) after completion/termination/abandonment of the original contract, while subcontractors have role-based deadlines tied to the month they last furnished labor or materials.

If you are a subcontractor or supplier, Texas typically requires monthly notice(s) tied to each unpaid month, commonly due by the 15th day of the applicable month. These notices are a core part of preserving lien rights in Texas.

Texas monthly notices are letters that notify the owner (and usually the original contractor) that you performed work or delivered materials for a specific month and have not been paid. They are designed to preserve lien rights and may require the owner to withhold funds under Texas law if properly sent.

In Texas, construction lien rights are available to original contractors (general contractors with a direct contract with the owner), subcontractors, sub-subcontractors, material suppliers, equipment rental companies, laborers, restoration contractors, and certain licensed design professionals who provide labor, materials, equipment, or professional services that improve real property. Texas lien rights are role-dependent, meaning the notice requirements and deadlines vary based on whether you contracted directly with the owner or through another party. As long as the claimant satisfies the applicable notice and filing requirements under Texas Property Code Chapter 53, they may file a mechanics lien for unpaid work or materials.

Texas is unforgiving. Missing a required monthly notice deadline can eliminate lien rights for that unpaid month, and missing the lien affidavit filing deadline can eliminate lien rights entirely.

Texas mechanics liens are recorded by filing a lien affidavit with the County Clerkin the county where the property is located.

For statutory mechanics liens, Texas generally requires foreclosure suit not later than the first anniversary of the last day the claimant could have filed the lien affidavit, subject to statutory exceptions.

A Texas lien affidavit must contain specific required information and be properly executed (typically sworn/notarized), including identifying the parties, the property, the work/materials, and the amount claimed, and it must comply with Texas statutory requirements and local recording standards.

No. Texas does not impose a blanket minimum or maximum lien amount, but contractors should consider whether the amount in dispute justifies the cost of filing and enforcing the lien.

Yes. Multiple unpaid claimants can file liens on the same property, as long as each claimant independently satisfies Texas notice and filing requirements.

If the customer pays you the full amount owed after you have recorded a lien, you have a legal obligation to formally clear the lien from the property records.

You must prepare and file a Texas Discharge of Lien (or Release of Lien) with the same office where the original lien was recorded.