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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.

IMPORTANT, IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A LIEN WILL ALWAYS MOVE TO THE EARLIEST BUSINESS DAY.-->
What is a Mechanic’s Lien Affidavit?

A Mechanic’s Lien Affidavit is a document used by contractors, suppliers, and any person that is not getting paid for the labor, services or materials delivered to a construction project. A mechanic’s lien, protects claimants by asserting rights against the actual real property (real estate) for the unpaid work or services performed on that specific property.  Depending on where you are located, a Mechanic’s Lien Affidavit can also be referred as “Project Lien”, “Construction Lien” and even “Contractors Lien”.

When should I file a lien as a general (original) contractor?

Sometimes, contractors are not aware that when they have a direct contract with the project owner, they are not required to send notices of intent to lien (or pre-lien notices). Original contractors have a constitutional right to file a lien directly without giving any notice to anyone. They do however, must file the lien no later than the 15th day of the 4th month after ANY the following events happened during the execution of the contract:a) Written Terminationb) Abandonment of Projectc) Settlement or;d) Completion of the ContractUnlike mechanic’s liens filed by subcontractors where they must file a lien per each month that goes unpaid, general contractors only need to file one lien claiming for one grand total owed. And must also send a copy of the recorded lien affidavit to the owner within 5 calendar days following the date the lien affidavit was recorded with the county clerk.Below is a chart with the deadline to file a lien for each month of the year.IMPORTANT, IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A LIEN WILL ALWAYS MOVE TO THE EARLIEST BUSINESS DAY.

Can I file a lien if I did not send notices?

Only contractors who have a direct agreement with the project owner can file a lien on a property without sending notice first.

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.

I filed a lien and I still didn’t get paid.

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.

Do I have to include the invoices with my lien?

We do not recommend filing a copy of your invoices in the Property Records with your Lien Affidavit. However you must retain copies of them as you may require them in the future.

Where do I file a lien on a project?

Lien Affidavits must be filed in the Property Records Office of the county where the project is located.

Can I file a lien if I don’t have a written contract?

Texas Property Code Chapter 53 states that only those who are filing a lien as landscapers, landscape materials supplier, demolition service providers and professional designers must have a written contract with the owner or the owner’s agent. However, it does not provide an exemption for them to file as contractors or any other subcontractor or supplier.

What should I do after getting paid?

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.