Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Texas
Texas
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Texas Quick Overview
| Pursuant Code | Tex. Prop. Code §§ 53.001 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| TX Statutory Relief | Unpaid Balance | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 1 to 3 years | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Condiional, check statutes | |
| Prelien Document Name(s) | Monthly Notice | |
| Prelien Minimum Information | Claimant name, address, description of labor or materials, dates furnished, amount claimed, property description, and contracting party. | |
| Prelien Minimum Notifications | Owner and Original Contractor. | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Texas by Role
Texas lien laws require strict compliance with notice deadlines. Subcontractors and suppliers must serve monthly notices for each month unpaid, by the 15th of the second or third month depending on project type.
Possible Exceptions, Special Circumstances, and Caveats in Texas
Residential: Shorter notice periods apply to residential projects.
Homesteads: Homestead projects require a written contract signed by both spouses and filed before work begins.
Custom Fabrication: Notice must be provided before delivery of specially fabricated materials to preserve lien rights.
Retainage: Separate notice for retainage must be sent no later than 30 days after completion or termination of the prime contract.
Mechanic's Liens in Texas
In Texas, the mechanics lien process requires strict compliance with monthly notice deadlines for subcontractors and suppliers. Claimants not in direct contract with the property owner must send monthly notices to the owner and original contractor by the 15th day of the second and third months following each month in which labor or materials were furnished. A lien affidavit must be filed with the county clerk in the county where the property is located by the 15th day of the 4th month (or 3rd month for residential) after the month when labor or materials were last provided. Lawsuits to enforce must be filed within 1 year (residential) or 2 years (commercial) from the last date the lien could be filed.
Bond Claims in Texas
On public projects in Texas, first and second tier subcontractors and suppliers must deliver a notice of claim to the public entity and prime contractor by the 15th day of the third month following each month in which labor or materials were furnished. Claims must include statutory content and are governed by Texas Government Code Chapter 2253. Lawsuits to enforce the bond claim must generally be brought within 1 year after the last date labor or materials were furnished.
Construction Lien Waivers in Texas
Required Format: Texas is one of a dozen states where all waivers MUST substantially follow statutorily required verbiage to be valid so be sure to check with your constuction attorney and consult the relevant state statutes.
Required Notarization: Texas is one of a handful of states where waivers are require waivers to be notarized.
Texas recognizes conditional and unconditional waivers on progress and final payments, which must comply with specific statutory forms under Tex. Prop. Code § 53.281.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Texas counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Texas
Frequently Asked Questions (FAQs) on Texas Lien Processes for Contractors
Do I need to send a preliminary notice in Texas to protect my lien rights?
Yes. If you are not in direct contract with the property owner, Texas law requires you to send monthly notices (often referred to as 'Second Month Notice' and 'Third Month Notice') to preserve your lien rights.
What is the deadline to file a mechanics lien in Texas?
Generally, by the 15th day of the fourth month after the month when you last furnished labor or materials on a commercial project (third month for residential projects).
Do I have lien rights if I am a second-tier subcontractor or supplier?
Yes, but only if you properly send the required monthly notices to the owner and original contractor under the deadlines specified in Chapter 53 of the Texas Property Code.
Can I recover attorney fees if I enforce my lien in Texas?
Possibly. If successful in a lien foreclosure suit, you may be entitled to recover attorney's fees, but the court has discretion in awarding them.
What is the process for making a bond claim on a public project in Texas?
Subcontractors and suppliers must serve notices to the surety and prime contractor by the 15th day of the third month following the month of last work or delivery. Then, a lawsuit to enforce must generally be filed within 1 year.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
