A Texas mechanic’s lien is a legal claim against real property made by contractors, subcontractors, and suppliers to ensure they receive fair compensation for providing labor or materials on a project. The procedure for filing a lien depends on the individual/entity seeking payment and the type of project.
Ultimately, the process starts by sending a preliminary notice of lien to the owner and prime contractor (therefore, prime contractors are exempt from this step), followed by filing the mechanic’s lien (also known as an affidavit of lien) with a county recorder’s office. Written notice must be provided to the owner and prime contractor that a lien was filed within five (5) days of filing. If the owner has still not paid, the claimant must enforce the lien by filing a lawsuit that will foreclose the lien.
Laws & Requirements
- Laws: Chapter 53
- Signing Requirements (§ 53.054(a)(1)): Notary Public
- Time Limit for Recording Lien (§ 53.052): For residential projects, the deadline is the fifteenth (15th) day of the third (3rd) month after the month the contract was completed. Deadline for non-residential projects is the fifteenth (15th) day of the fourth (4th) month after the month the contract was completed.
- Deadline for Enforcing Lien (§ 53.158): One (1) year from the last date the claimant could file a lien.