› Can I file a lien as a professional designer?

The Texas Property Code states that an architect, engineer, or surveyor who prepare plans or plats must have a written contract with the owner or the owner’s agent, trustee, or receiver in connection with the actual or proposed design, construction, or repair of improvements on real property or the location of the boundaries of real property can file lien on the property.
In other words, any designer who prepares plans or plats under or by virtue of a contract with someone other than the owner is not entitled to file a lien on a property.

Related questions and answers

What is a Pre-lien Notice Letter?

Also known as Pre-Lien Notice, Second Month Notice Letter, Third Month Notice Letter or Notice Letter, a Pre-lien Notice Letter is a notice that Contractors, Subcontractor and Sub-subcontractors and Suppliers are required to send to the construction project owner and general contractor to establish the right to file a lien in the event of non-payment. The purpose of these notices are to inform the owner that a subcontractor has performed work or supplied materials that have not been paid. By giving notice, the project owner is allowed to retain payment from the general contractor. These notices are bound by specific deadlines depending on the type of construction project and type of contractor. However, it is recommended that subcontractors send notice as soon as the amount owed is due so the project owner can withhold the debt amount prior to releasing the payment to the general contractor.

What is the deadline to file a mechanic’s lien?

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.

What information do I need to get a lien release?

The County Property Records Office assigns a “Document number” to the lien previously recorded. This number must be included in the document along with the project address (and/or legal property description), the name and company information of the entity that had the lien filed and is now removing. If you created the lien affidavit with Texas Easy Lien, you will just need your Document number to create your lien release, all other information required has been saved with your project.

Do I have to file a lien for each month I don’t get paid?

Yes. If you think about it, you could get paid the balance of one month but not others. Then you would be required to release the lien for the amount that was paid but would have lost your rights for the other months. It is always better to secure your rights in all forms possible by using the tools created to protect you.

Can Texas Easy Lien prepare lien documents for Residential projects?

No. Texas Easy Lien system is currently designed to prepare lien and bond documents for commercial and Texas government public projects.