Filing a mechanic’s lien can be one of the most powerful tools available to construction professionals when payment issues arise. But how long do you have to file a mechanic’s lien in Texas? The answer depends on your role in the construction project and whether the job is residential or commercial.
Recent updates to Texas lien law, such as the changes introduced in House Bill 2237 that went into effect in 2022, have clarified but not necessarily simplified the process. Whether you’re a general contractor, subcontractor, or design professional, knowing your exact deadline to file a mechanic’s lien can make or break your ability to secure payment.
In this article, we’ll walk through the key timelines every lien claimant needs to know, how project types and roles affect your window to file, and expert guidance on how to stay compliant. If you’re working in the construction industry and want to ensure payment without involving construction attorneys or filing a foreclosure suit, understanding your timeline is the first step.
How Long Do You Have to File a Mechanic’s Lien in Texas?
Deadlines for filing a mechanic’s lien in Texas aren’t the same for every contractor. The time you have depends on your role and the property type. These deadlines are strict. Missing them could mean losing your lien rights entirely.
Why Timing Is Everything When Filing a Lien Claim
In Texas, the mechanic’s lien process is driven by the calendar, not your company’s billing cycle. You can’t rely on the invoice date or when a payment was promised. Everything is based on when labor was performed or materials were supplied. Understanding how long you have to file a mechanic’s lien is required to protect your security interest in the property.
Failing to meet these deadlines makes your lien invalid. And unlike other claims in the construction industry, a missed lien deadline can’t be fixed with a call to the property owner or contractor. Once that window closes, your lien is no longer enforceable. Staying on top of the lien timeline ensures you can still file a lien, serve notice properly, and take further legal action if needed.
Key Differences: Residential vs. Commercial Construction Project Deadlines
In Texas, lien deadlines change based on the project type. For a residential construction project, subcontractors and suppliers must send a preliminary notice (also known as a pre-lien notice) by the 15th day of the second month after the month in which the work was done or materials provided. They must then file a mechanic’s lien by the 15th day of the third month.
On a commercial project, the timeline is slightly longer. The preliminary notice is due by the 15th day of the third month, and the lien affidavit must be filed by the 15th day of the fourth month. General contractors, meanwhile, aren’t required to send a preliminary notice, but they must file their lien affidavit by the same final deadlines: three months for residential work and four months for commercial. These short windows highlight just how crucial it is to track your work dates carefully.
How Your Role Affects Your Deadline: General Contractor vs. Subcontractor
Not everyone on a construction job has the same filing responsibilities. If you’re a general contractor with a direct contract with the property owner, you only need to worry about the lien affidavit deadline—no preliminary notice is required. But you must still file your lien affidavit on time with the correct details to maintain a valid mechanic’s lien.
If you’re a subcontractor, sub-subcontractor, or material supplier, the process includes more steps. You must send a preliminary notice to both the property owner and the general contractor. Then, you must file a lien affidavit with the county recorder’s office by your project’s specific deadline. Each step helps ensure payment, and skipping even one can cause serious issues with lien filing or future foreclosure action.
Timelines for Filing a Mechanics Lien: A Breakdown by Role
Different roles in a construction project come with different responsibilities and lien deadlines. Whether you’re managing the job or supplying materials, Texas law sets strict filing windows for each type of lien claimant. Here’s how it breaks down based on your position in the construction chain.
For General Contractors: Filing Windows and Documentation Rules
As a general contractor with a direct agreement with the property owner, you don’t need to send a preliminary notice before filing a lien. But that doesn’t mean your path is simple. You still must file a mechanic’s lien affidavit with the county recorder’s office within four months of completing, terminating, or abandoning work on a commercial project. For residential jobs, that deadline tightens to three months.
Even without a required notice, accuracy matters. The affidavit must include a sworn statement of the amount owed, a description of the real property, and details about the construction project. A mistake here could invalidate your lien. Because general contractors often carry the largest unpaid balances, missing a deadline or submitting an incomplete lien can have serious financial consequences.
For Subcontractors and Suppliers: Pre-Lien Notice and Affidavit Deadlines
If you’re a subcontractor or material supplier working under another contractor, you have additional steps and shorter timelines. On commercial projects, you must send a preliminary notice by the 15th of the third month after the month the work was performed or materials were provided. The mechanic’s lien affidavit must be filed by the 15th of the fourth month.
For residential projects, the deadlines shift earlier. The pre-lien notice is due by the 15th of the second month, and the lien affidavit must be filed by the 15th of the third month. Your notices must also contain specific language to preserve your rights. This two-step process reflects how lien law protects property owners while giving subcontractors a legal path to ensure payment.
Special Case: Retainage Claims and When They Must Be Filed
Retainage (the portion of payment held until the end of a project) has its own unique deadlines. If you’re owed retainage, you must send a special notice to the property owner and general contractor within 30 days of completing your part of the job. You then have three months from the end of the original contract (not your subcontract) to file your mechanic’s lien affidavit.
This can be tricky, especially on larger jobs where multiple contractors finish at different times. If you’re not sure when the original contract ended, it’s best to file early. Retainage claims are often overlooked, but they can represent a significant portion of the unpaid balance, so don’t let this opportunity to secure payment slip by.
Real-Life Examples That Bring the Timelines to Life
Lien deadlines are real-world boundaries that can make or break your ability to receive payment. To better understand how these rules apply, let’s look at what happens when construction professionals follow—or miss—those deadlines.
Missed Deadline on a Commercial Project: What Went Wrong
A drywall subcontractor completed work on a commercial office build in early February. The contractor believed they had 90 days to send notice and file a lien, counting from the invoice date in March. But under Texas lien law, lien deadlines are based on when the labor was performed, not when the invoice was sent. That means their preliminary notice, which should have been sent by May 15, arrived too late. The lien claim was rejected, and they lost their ability to file a lien entirely.
This situation is all too common in the construction industry. Many contractors and suppliers base deadlines on internal billing practices instead of legal ones. It’s a costly mistake that underscores why mechanic’s lien experts always stress the importance of counting from the work date, not the payment date.
A Subcontractor’s Success Story from Filing Just in Time
A flooring subcontractor working on a private construction project in Austin realized they hadn’t been paid for materials supplied in July. Knowing the lien deadline was approaching fast, they checked their records, confirmed the last delivery date, and sent the pre-lien notice in early September—right on time. They followed up by filing their mechanic’s lien affidavit by November 15, within the four-month window required for commercial projects.
Their lien was recorded correctly with the county recorder’s office, and within weeks, the property owner reached out to resolve the balance. Even when payment is delayed, acting quickly and following the mechanic’s lien process step-by-step can turn things around without needing a foreclosure suit or court action.
Filing Early vs. Waiting: What Pros Recommend
Some contractors wait until the last minute to file a lien, hoping payment will come through. But experienced construction professionals often recommend filing as early as possible. Doing so can add pressure on the responsible party and helps avoid issues with county recorder delays, incorrect paperwork, or missing a required notice deadline due to holidays or weekends.
Filing early doesn’t burn bridges; it protects your rights. It also shows that you take your role and documentation seriously, which can prompt construction lenders or property owners to settle faster to clear the property title. It’s a simple step that puts control back in your hands when other payment efforts have failed.
Tips to Stay Ahead of Lien Deadlines Without the Stress
With so many moving parts on a construction job, tracking lien deadlines can feel overwhelming, especially if you’re juggling multiple projects. But staying compliant doesn’t have to be stressful. With a few smart strategies and the right tools, you can make sure every lien claim is filed correctly and on time, protecting your lien rights and helping you get paid faster.
Best Practices for Tracking Work Dates and Notices
Start by documenting everything. Keep a detailed timeline of when labor is performed and materials are supplied, not just when invoices are sent. Use a project log that includes job site activities, delivery receipts, and subcontractor milestones. You can calculate the correct window for sending a preliminary notice and filing your lien. It also supports your case if you need to prove the timeline to a county recorder or construction attorney later.
Set up calendar reminders or deadline alerts as soon as you start a project. Don’t rely on memory or email threads. Simple oversights are one of the most common reasons lien filing opportunities are lost. Whether it’s a spreadsheet, project management software, or a dedicated lien-tracking tool, the goal is to make tracking part of your workflow.
Tools and Services That Automate Deadline Reminders
Technology has made handling mechanics liens a lot easier. Today, there are online platforms that allow you to track deadlines, prepare documents, and file them directly with the recorder’s office from your phone or computer. Some of these tools even include built-in deadline calculators that adjust for weekends and holidays, so you never miss a key date.
Automating this process helps construction companies of all sizes stay organized and compliant, even across multiple jobs. If you’re working with a small team or wearing many hats, it’s one of the best investments you can make. Instead of spending hours researching lien law or calling construction attorneys, these systems provide step-by-step support and ensure that your valid lien is submitted the right way every time.
Don’t Risk Your Pay—Protect Your Lien Rights Now
In the construction world, doing the work isn’t always enough to guarantee payment. Understanding how long you have to file a mechanic’s lien and acting before that time runs out can be the difference between securing your rights and losing thousands of dollars. Whether you’re a general contractor, subcontractor, supplier, or design professional, Texas law gives you a legal path to get paid but only if you follow the rules.
If tracking deadlines and filing paperwork sounds like a hassle, we’ve got you covered. At Texas Easy Lien, we make it fast and affordable to create, notarize, and file your lien documents online in minutes—no legal knowledge or court visits required. Our platform guides you through every step, with automated deadline tracking and free access to official property records. We’ve helped thousands of construction professionals protect their lien rights and get paid for the work they’ve done. Get started today and file your lien the easy way.
