Key points
- Texas overhauled its lien statute for original contracts entered on or after January 1, 2022, with simplified notices and mandatory statutory forms.
- Deadlines are calculated by month, not by day count. Missing one by a single day can defeat the lien.
- Homestead liens require a written contract signed before work begins by the owner and spouse and recorded with the county clerk.
- A suit to foreclose a lien generally must be filed within one year after the last day to file the lien affidavit.
Who can claim a mechanic’s lien in Texas
- Original contractors who contract directly with the owner;
- Subcontractors at any tier who furnish labor or materials;
- Suppliers of materials and specially fabricated materials;
- Architects, engineers and surveyors who prepare plans or plats; and
- Certain landscapers and demolition contractors, among others.
Liens on public projects aren’t allowed. Instead, claimants protect themselves through payment bond claims under the McGregor Act (Texas Government Code ch. 2253), which has its own notice deadlines.
Key deadlines under the current statute
For original contracts entered on or after January 1, 2022, the core deadlines are:
| Step | Commercial project | Residential project |
|---|---|---|
| Notice of claim for unpaid amounts (subcontractors and suppliers) | 15th day of the 3rd month after the month labor or materials were furnished | 15th day of the 2nd month after the month labor or materials were furnished |
| Lien affidavit filed with the county clerk | 15th day of the 4th month after the month the original contract was completed, terminated or abandoned | 15th day of the 3rd month after that month |
| Copy of the lien affidavit to the owner (and original contractor) | Within 5 days after filing | |
| Suit to foreclose | Generally within 1 year after the last day the lien affidavit could have been filed (extendable by written agreement in some cases) | |
Retainage claims, specially fabricated materials, and projects where the owner files an affidavit of completion or a notice of termination all have additional or shortened deadlines. Contracts entered before 2022 are governed by the prior version of Chapter 53. We confirm which version applies before calculating a single date.
Homestead liens
Liens against a residential homestead receive constitutional protection. To be enforceable, the contract generally must be in writing, signed by the owner and the owner’s spouse before any work begins, and recorded with the county clerk, and the lien affidavit must contain specific statutory language. Many residential remodelers lose their lien rights because their paperwork didn’t meet these requirements. We review contracts before projects begin to prevent that.
Unpaid on a Houston project?
Send us your contract, invoices and dates of work. We’ll calculate your deadlines and tell you exactly what must be sent and when. Book a discovery call or call (346) 363-0334.
Our services for contractors, subcontractors and suppliers
- Contract review and lien-rights audits before work starts;
- Preparing and serving statutory notices of claim and retainage notices;
- Drafting and recording lien affidavits that meet Chapter 53’s form and content requirements;
- Payment bond claims on public and bonded private projects;
- Trust Fund Act claims under Texas Property Code ch. 162 when construction funds were diverted;
- Prompt Payment Act claims for interest on late payments (Property Code ch. 28); and
- Lawsuits to foreclose liens and recover the debt, interest and attorney’s fees.
For property owners: protecting yourself
Owners can limit lien exposure by withholding the statutory 10% retainage for 30 days after completion, responding promptly to notices of claim by withholding (“trapping”) funds, requiring conditional and unconditional lien waivers on the statutory forms with each payment, and filing an affidavit of completion. If a lien has already been filed, see lien removal for summary-motion and bonding options.
Attorney’s fees
In a proceeding to foreclose a lien or to declare a lien invalid, Texas Property Code § 53.156 allows the court to award costs and reasonable attorney’s fees as are equitable and just. That makes a well-documented lien, or a well-documented challenge, an effective settlement tool.