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Yes, you do not have to leave your office to file your liens anymore. Texas Easy Lien now has the capability of notarizing and filing your documents online.
Related questions and answers
“Residential Construction Project” is very narrowly defined. It is a project for the construction or repair or remodel of a residence that includes an agreement with an owner. The term ‘owner’ refers to a person or persons who are actually going to own and occupy the property. Due to the narrow definition of Residential Construction Project, most projects qualify as commercial or private construction projects rather than residential projects. Generally the following projects do qualify as residential construction projects:
- Custom home projects (only if the home is already owned by the person who will occupy it),
- Remodeling projects (only if the owner actually resides in that property),
- Additions to an existing home (only if the owner actually lives in that property),
- Pre-purchased homes (a home that at the time of construction, was owned by the person who will live in it).
Only contractors who have a direct agreement with the project owner can file a lien on a property without sending notice first.
If you are unable to settle your dispute, you must seek the assistance of an attorney and file a lawsuit. Your lien rights will generally expire if a lawsuit to foreclose is not filed within 2 years of the last day you were able to file a lien under the rules, or within 1 year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later.
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.
| |||
Yes, as long as the county you are filing with accepts it. However, some counties have moved to accept filing electronically only (due to social distancing requirements). Others do not accept filings by mail, only in person. It is best to call the county records office and verify which method is accepted before considering doing it in person. If you are considering filing by mail, we suggest doing so with enough time before the deadline to avoid the risk of having your lien rejected or invalidated.