.svg)
A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of Texas's mechanic's lien laws to help you protect your right to payment.
Commercial: Not required for parties contracting directly with the owner
Homestead (Residential): No preliminary notice required; however, lien rights require filing a written and signed contract with the county clerk before work commences
Commercial: Required to submit a monthly notice of claim for unpaid labor or materials to the owner and GC by the 15th day of the third month following the month during which labor and materials were provided
Homestead (Residential): Required to submit a monthly notice of claim for unpaid labor or materials to the owner and GC by the 15th day of the second month following the month during which labor and materials were provided
Commercial: Required to submit a monthly notice of claim for unpaid labor or materials to the owner and GC by the 15th day of the third month following the month during which labor was provided
Homestead (Residential): Required to submit a monthly notice of claim for unpaid labor or materials to the owner and GC by the 15th day of the second month following the month during which labor was provided
Not required
Not required
Not required
Commercial: By the 15th day of the fourth month following the month the work is completed, terminated, or abandoned
Homestead (Residential): By the 15th day of the third month following the month the work is completed, terminated, or abandoned
Commercial: By the 15th day of the fourth month following the month the claimant last provided labor or materials
Homestead (Residential): By the 15th day of the 3rd month following the month the claimant last provided labor or materials
Commercial: By the 15th day of the fourth month following the month that labor was last provided
Homestead (Residential): By the 15th day of the 3rd month following the month that labor was last provided
Within one year after the last day the lien was filed
Within one year after the last day the lien was filed
Within one year after the last day the lien was filed
Unpaid labor and materials
Unpaid labor and/or materials, minus whatever the owner owes the GC
Unpaid wages, minus whatever the owner owes the GC
Texas's mechanic's lien rights are governed by Chapter 53 of the Texas Property Code and apply only to private construction projects. Public projects cannot be liened in Texas. If you're unpaid on public work, you must handle payment disputes through a statutory payment bond claim, not a lien against public property.
Texas lien law is built around a critical distinction between original contractors and derivative claimants.
- An original contractor is a party that contracts directly with the property owner (typically, the general contractor).
- Subcontractors, suppliers, laborers, and most other project participants are considered derivative claimants because their payment rights flow through another party in the contracting chain.
This distinction matters because original contractors generally do not need to send preliminary notices to preserve lien rights (unless on a homestead residential job), while derivative claimants do.
Rather than using a single preliminary notice, Texas relies on a system of monthly notices of unpaid labor or materials for derivative claimants. In addition to preserving lien rights, these notices determine whether owners must withhold funds, whether statutory retainage can be reached, and how much money remains available up the payment chain.
Texas also uses a statutory retainage system to protect downstream participants. Because retainage exists to safeguard unpaid claims even after progress payments are made, Texas applies a different filing trigger when a lien claim is based on retainage.
Combined with strict filing and enforcement deadlines, Texas lien rights require careful tracking. But don't worry—we cover all that here.
In Texas, mechanic’s lien rights are broadly available to anyone who contributes labor, materials, or certain professional services to a private construction project.
This typically includes:
- General (original) contractors
- Subcontractors of any tier
- Material suppliers, including suppliers to subs
- Laborers and tradespeople
- Equipment lessors (when equipment is used on a project)
- Specialty fabricated materials providers (even if materials aren’t delivered)
- Licensed architects, engineers, and surveyors
- Landscaping and site improvement contributors
- Demolition contributors
Texas lien rights attach to work performed for the construction or repair of an “improvement,” which is defined as any permanent or semi-permanent addition to real property resulting from construction, repair, alteration, or prep work (Tex. Prop. Code § 53.001(2)).
Here are some examples of what’s considered lienable and what isn’t.
Lienable Work in Texas
- Labor performed in construction, repair, or demolition
- Materials furnished for incorporation into the project
- Specially fabricated materials
- Construction equipment rental used on the jobsite
- Design and planning services by licensed professionals
- Landscaping and site improvement work
Non-Lienable Work in Texas
- Work on public projects
- Work not authorized by the owner or contractor
- Warranty or corrective work after completion
- Purely administrative or off-site services
Before filing a lien in Texas, make sure you’ve met any notice or preliminary requirements that apply to your role (see table above).
Standard Lien Filing Deadline
For most lien claims, Texas uses a “15th day of the month” system, and lien deadlines run from either (a) completion, termination, or abandonment for original contractors, or (b) last furnishing for most derivative claimants.
- Commercial Projects: File a lien affidavit by the 15th day of the fourth month following the month work was completed, terminated, or abandoned.
- Homestead (Owner-Occupied Residential) Projects: File lien affidavit by the 15th day of the third month following the month work was completed, terminated, or abandoned.
Standard Lien Filing Requirements
- Where to file: File the lien affidavit with the county clerk’s office in the county where the property is located.
- Form requirements: The required contents of a Texas lien affidavit are provided under Tex. Prop. Code §§ 53.054 and include:
- The amount of the claim
- The name and address of the property owner
- The name and address of the original contractor
- The name and address of the party who hired the claimant
- A general statement describing the labor or materials provided
- A legally sufficient description of the property
- For derivative claimants, a statement of each month in which work was completed and materials furnished for which payment is requested.
- Verification: The lien affidavit must be signed under oath and notarized.
- Filing fee: Recording fees vary by county and are set by the local county clerk.
Standard Service Requirements
After filing the lien affidavit, the claimant must send a copy of the recorded lien to:
- The property owner, and
- The general contractor (if the claimant is not the GC).
This must be done no later than the fifth day after the lien affidavit is filed (Tex. Prop. Code § 53.055).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Texas.
Enforcement Requirements
- Enforcement deadline: A foreclosure lawsuit must be filed within one year after the last day the lien affidavit could’ve been filed (see Tex. Prop. Code § 53.052). The deadline may be extended to two years only by a written, recorded agreement with the property owner.
- Filing location: Enforcement lawsuits must be filed with a court of competent jurisdiction in the county where the property is located.
- Lien priority: Perfected mechanic’s liens generally share equal priority, with each relating back to the visible commencement of construction for that particular claim.
Lien Release Requirements
Once the debt is satisfied, the claimant must provide a lien release within 10 days of the written request. Releases must be recorded in the same county records as the lien (Tex. Prop. Code § 53.152).
- Unified workflow: Manage lien rights within your billing and collections workflow to keep payment context in one place.
- Automated compliance: Automatically track critical deadlines and milestones based on each state's lien laws.
- Meaningful visibility: View the lien protection status for each project to identify and mitigate risk.
- Document creation: Generate state-specific lien notices instantly using existing project data
- Integrated delivery: Send notices via certified mail directly from Siteline to streamline delivery.
Texas lien statutes do not expressly prohibit an unlicensed contractor from filing a mechanic’s lien. However, licensing requirements imposed by other statutes or local regulations may affect whether the underlying contract is enforceable. Licensing issues should be reviewed carefully before relying on lien rights.
Yes. Texas allows mechanic’s liens by subcontractors, suppliers, and laborers of any tier. The key is to comply with all notice requirements to preserve your lien rights.
Yes, in limited situations. A property owner may file an Affidavit of Completion, which establishes a statutory completion date and can affect retainage-related deadlines (Tex. Prop. Code § 53.106). However, the standard lien filing deadlines for labor and materials are not automatically shortened unless the statute specifically provides for it. Always verify whether an affidavit of completion or termination has been recorded before calculating deadlines.
Texas law does not require a separate notice of intent to lien. Instead, the required monthly notices (detailed above) serve as a warning to the owner and original contractor of unpaid amounts.
It depends on your role:
- General (original) contractors do not have a statutory preliminary notice requirement, unless on a homestead residential project. In that case, GCs must submit a written and signed contract to the county clerk before work commences.
- Subcontractors, suppliers, and laborers (derivative contractors) must send monthly notices of unpaid labor or materials to both the owner and the original contractor to preserve lien rights. These notices are due by the 15th day of the second month (for residential projects) or third month (for commercial projects) after the labor or materials were provided. Failing to send these notices can eliminate your lien rights (Tex. Prop. Code § 53.056).
Yes. Texas law mandates statutory lien waiver and release forms, and any waiver that does not substantially comply with the required language is unenforceable. Brush up on all of Texas’s lien waiver requirements here.
A Texas mechanic’s lien secures payment for unpaid labor, materials, retainage, and specially fabricated materials, even if the materials were not delivered (Tex. Prop. Code §§ 53.021, 53.023).
Subcontractors are limited to the unpaid portion of their subcontract price, less amounts already paid (Tex. Prop. Code § 53.024).
Interest, attorneys’ fees, and other damages are generally recoverable only through enforcement, not automatically included in the lien amount.
A written contract is not required for most private projects. However, for homestead (owner-occupied residential) property, Texas requires that the contract must be in writing, signed by both spouses (if married), and recorded with the county clerk before work begins. Failure to meet these requirements will invalidate the lien, regardless of notices or filing (Tex. Prop. Code § 53.254).
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.