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.
Related questions and answers
Any subcontractor or sub-subcontractor who provides work under a written or an oral agreement can file a bond claim to secure payment on unpaid labor or supplied materials on a public project.
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.
In the mechanics lien process, a lien release is a document filed with the Property Records Office which requests to remove a lien previously filed in a property. The lien release states the claim filed has been paid and releases any rights to file a new lien for the amount paid.
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.
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.
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