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Texas Mechanics Lien Law

Everything you need to know to protect your lien rights in Texas

Critical Deadlines

45

days - Preliminary Notice

105

days - Lien Filing

360

days - Enforcement

📋Preliminary Notice

REQUIRED
Deadline
45 days from first furnishing
Form Name
Texas Notice to Owner (Property Code §53.056)
Must be Served To
Owner, General Contractor
Delivery Method
Certified mail, return receipt requested

Warning: Missing this deadline may result in losing ALL lien rights.

⚖️Lien Filing

Filing Deadline
105 days from completion
Where to File
County Clerk
Filing Fee
$15-35
Description
File lien affidavit by 15th of 4th month after work performed

⏱️Enforcement

Deadline to Sue
360 days from filing lien
Description
Within 1 year for residential, 2 years for commercial

Note: If you don't file a lawsuit within this period, your lien becomes unenforceable.

🏛️Public Projects (Bond Claims)

Preliminary Notice
Required within 45 days
Bond Claim Deadline
90 days from last_work
Governing Statute
Tex. Gov't Code §2253

Special Rules & Contractor Protections

Pay-if-Paid

⚠️ Enforceable

Anti-Indemnity

✓ Protected by Tex. Ins. Code §151.102

Retainage Cap

10% max (5% for public works after 50% complete)

Prompt Payment

35 days

Trust Fund

✓ Construction funds protected

Waiver Forms

⚠️ Must use statutory forms

License Required

Not required for liens

💡 Important Notes for Texas

  • Texas has COMPLEX monthly notice/filing system
  • Statutory lien waivers are MANDATORY - non-statutory forms void
  • Retainage must be released within 30 days of completion
  • Prompt payment: 35 days after approved invoice
  • Residential has stricter deadlines than commercial

📚 Statute References

Lien Law:
Tex. Prop. Code §53.001
Bond Law:
Tex. Gov't Code §2253
Prompt Pay:
Tex. Prop. Code Ch. 28

Protect Your Rights in Texas

SubShield automatically applies Texas lien laws when analyzing your contracts. Get deadline tracking, compliance alerts, and personalized risk analysis.

This information is for educational purposes only and is current as of January 2026. Always consult with a licensed Texas construction attorney for your specific situation.