› 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 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.

ORIGINAL (GENERAL) CONTRACTOR CONSTITUTIONAL LIEN
CHART OF TIME DEADLINES
Month of:
a) Written Termination
b) Abandonment of Project
c) Settlement or:
d) Completion of the Contract		 PRIVATE COMMERCIAL PROJECTS
Notice To Owner File Lien Affidavit By:
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

Related questions and answers

What do I need to have my documents filed?

Nothing. Texas Easy Lien will have access to your documents once they are notarized, and we will file them with the county for you.

How do I file bond on a construction project?

We have created detailed instructions and a checklist covering what to do, when and where and we have included them with your bond claim documents.

If a certain month did not qualify, did I lose my lien rights on the project?

If you missed the deadline to send a notice or file a lien claim for one specific month and you are still owed for more months after that, you may still qualify to file a lien claim. The deadline chart above will assist in guiding you through each month’s deadlines.

What information do I need to start?

To prepare a prelien notice, a lien affidavit or bond claim document, you will need the general information of the project and contract. Other information will also be necessary and it will depend on what type of document you need and your role in the project. Information required

Can a Pre-lien Notice and a Lien Affidavit be sent together?

Yes. You do not have to wait any number of days to file a lien affidavit after you have sent your required pre-lien notices. Many notices and liens are mailed and filed the same day. If you have concerns you will not get paid until you enforce a lien on the property you can always execute both documents at the same time.