Deadlines for bond claims are much like those for liens. Subcontractors, sub-subcontractors, and suppliers must send a notice of bond claim with a sworn account statement by the 15th day of the third month after the work or material delivery month. These documents should be sent to both the Surety Company and the General Contractor. The charts below categorize contractors and outline necessary documents and submission deadlines. NOTE: 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. Sub-subcontractors and suppliers without a direct contract with the prime contractor (those on the second tier and below) must first send a notice only to the general (prime) contractor by the 15th day of the second month after the work was done. This notice can be copies of your unpaid invoices along with a signed cover letter indicating the outstanding amounts. You don't need to provide a sworn statement of account with this notice.

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

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.

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.

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 Termination b) Abandonment of Project c) Settlement or; d) Completion of the Contract Unlike 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.