The Texas Easy Lien system provides a simplified version of the lien and bond laws and does not account for numerous exceptions that may exist. If you did not qualify for a lien or bond with Texas Easy Lien, you should immediately consult with your lawyer because you might still qualify to file a lien or assert a bond claim.
Related questions and answers
After the claim has been sent to the General Contractor and Bond Company, you cannot file suit on a bond claim for the first sixty days (60). If, however, you are unable to settle your dispute within that time, you must file a lawsuit against the bond before the expiration of one (1) year from the filing date of the bond. If you fail to file suit within this time period, your claim against the bond will expire.
• Project Information: Owner, name of project, common address (or legal property description), county where the project is located. • Subcontractors: Name (or company name) and mailing address of the General (Prime) Contractor. • Sub-subcontractors: It is not required but preferred to have the name and mailing address of all Subcontractors involved in the contract chain. • Work: Invoice dates, description of the unpaid work performed and the amount owed per each individual month.
The project owner is who hired the general contractor and/or subcontractors to perform labor or services to a construction or repair project. If this person or company does not own the property but is only leasing or renting it, this is still the person you must list as the project owner. However, the real owner of the property should also receive copies of all documents since the lien will be attached to this person’s property.
If you get paid after filing a lien on a property, you will very likely be requested to “remove the lien” or sign a lien release. The lien release demonstrates that the debt was fully paid or was settled. The lien release must be filed with the County Property Records where the original lien affidavit was filed and signed by the entity who filed the lien in the first place. After receiving the written request for a lien release, the contractor is required to either file or send the lien release to the project owner within ten (10) days.
The deadline to file a mechanic's lien depends on a contractor's role and the type of project. For Commercial Projects (Private), the following charts specify the required documents and the last date to submit them. We have separated the charts by type of contractor. It is essential to know that the last day to file or submit a lien document is always the 15th day of every month.
FOR CLAIMS RESULTING FROM A CONTRACT SIGNED BEFORE DECEMBER 31ST, 2021
IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A VALID LIEN WILL BE THE EARLIEST BUSINESS DAY.
FOR CLAIMS RESULTING FROM A CONTRACT SIGNED AFTER JANUARY 1ST, 2022
IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A VALID LIEN WILL EXTEND TO THE NEXT BUSINESS DAY AFTER THAT WEEKEND OR HOLIDAY.
Original (General) Contractor - Constitutional - Mechanic’s Lien Requirements | |||
---|---|---|---|
Chart of Filing Deadlines | |||
Month of: a) Written Termination b) Abandonment of Project c) Settlement or: d) Completion of the Contract | Commercial Projects (Private) 🔗 | ||
Pre-lien Notice to Property Owner is Not Required |
File the Lien Affidavit On or Before: | ||
January | None | May 15th | |
February | None | June 15th | |
March | None | July 15th | |
April | None | August 15th | |
May | None | September 15th | |
June | None | October 15th | |
July | None | November 15th | |
August | None | December 15th | |
September | None | January 15th | |
October | None | February 15th | |
November | None | March 15th | |
December | None | April 15th |
Subcontractor (1st Tier) Lien Requirements | |||
---|---|---|---|
Chart of Filing Deadlines | |||
Month of Activity | Commercial Projects (Private) 🔗 | ||
Send Invoice by: | Send Pre-lien Notice to Property Owner and Original Contractor by: |
File the lien by the following date OR within 30 days after the overall project is complete**. | |
January | March 15th | April 15th | May 15th |
February | April 15th | May 15th | June 15th |
March | May 15th | June 15th | July 15th |
April | June 15th | July 15th | August 15th |
May | July 15th | August 15th | September 15th |
June | August 15th | September 15th | October 15th |
July | September 15th | October 15th | November 15th |
August | October 15th | November 15th | December 15th |
September | November 15th | December 15th | January 15th |
October | December 15th | January 15th | February 15th |
November | January 15th | February 15th | March 15th |
December | February 15th | March 15th | April 15th |
IMPORTANT:
**You can file a lien affidavit 30 days after completing the overall project only if you sent the pre-lien notice for that specific month on time.
|
Sub-subcontractor (2nd Tier) Lien Requirements | |||
---|---|---|---|
Chart of Filing Deadlines | |||
Month of Activity | Commercial Projects (Private) 🔗 | ||
Send Invoice by: | Send Pre-lien Notice to Property Owner and Original Contractor by: |
File the lien by the following date OR within 30 days after the overall project is complete**. | |
January | March 15th | April 15th | May 15th |
February | April 15th | May 15th | June 15th |
March | May 15th | June 15th | July 15th |
April | June 15th | July 15th | August 15th |
May | July 15th | August 15th | September 15th |
June | August 15th | September 15th | October 15th |
July | September 15th | October 15th | November 15th |
August | October 15th | November 15th | December 15th |
September | November 15th | December 15th | January 15th |
October | December 15th | January 15th | February 15th |
November | January 15th | February 15th | March 15th |
December | February 15th | March 15th | April 15th |
IMPORTANT:
**You can file a lien affidavit 30 days after completing the overall project only if you sent the pre-lien notice for that specific month on time.
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