Texas Construction Lien Deadlines: A Comprehensive Guide
Disclaimer: This detailed summary is based on the revisions made to Chapter 53 of the Texas Property Code in 2021. For contracts entered in 2021 or earlier, the old rules likely apply and this summary should not be used. This summary is also not meant for public works projects or other types of jobs where a bond claim would be required.
It is intended for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your circumstances, it is advisable to consult with Allen Bryson Lamar, PLLC, or another qualified law firm.
Understanding Lien Deadlines for Subcontractors
When it comes to asserting your lien rights as a subcontractor in Texas, it is essential to adhere to specific notice and filing deadlines outlined in Chapter 53 of the Texas Property Code (“Chapter 53”) and the statute can be found here. As a subcontractor, to have a valid lien, you are required to send notice of your lien to the general (aka original) contractor and owner or reputed owner of the property, and, after that, you are also required to file your lien affidavit in the county clerk records of the county where the property is located. You must take these steps within the deadlines required by Chapter 53.
Chapter 53 has very specific requirements about the contents of the lien notice and lien affidavit not covered here.
Here's a breakdown:
Lien Notice Deadline for Subcontractors
Commercial Jobs: Subcontractors must dispatch their lien notice no later than the 15th day of the third month during which:
following the provision of labor/materials or the anticipated delivery date of specially fabricated materials.
Residential Jobs: For residential projects, subcontractors are required to serve their lien notice by the 15th day of the second month during which:
The labor or materials were provided OR the undelivered specially fabricated materials would normally have been delivered.
Important Note: These deadlines are ongoing and apply for each month in which labor/materials are furnished and remain unpaid. It's crucial to send notices promptly for each applicable period. This is a big difference in how Chapter 53 treats subcontractors and general (aka original) contractors. It is important to contact an attorney quickly if you are owed money on a project.
Lien Affidavit Deadline for Subcontractors
Commercial Jobs: Subcontractors must file their lien affidavit no later than the 15th day of the fourth month.
the month the claimant last provided labor or materials OR the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been delivered.
Residential Jobs: Similarly, for residential projects, subcontractors must file their lien affidavit by the 15th day of the third month
the month the claimant last provided labor or materials OR the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been delivered.
Regarding Retainage: Subcontractors also need to ensure timely lien affidavit filing, with the deadline set for the 15th day of the third month following the completion, termination, or abandonment of the original contract under which the work was performed.
Navigating Lien Deadlines for Original Contractors
Lien deadlines for Chapter 53 original contractors (those having a contract with the owner) are summarized below and the statute can be found here.
Keep in mind Chapter 53 uses the term “Original Contractors” for general contractors. Original contractors usually do not need to send a lien notice letter. But you should always confirm you are an original contractor first, as important deadlines could otherwise be missed.
Lien Affidavit Deadline for Original Contractors
Commercial Jobs: Original contractors must file their lien affidavit by the 15th day of the fourth month following the completion, termination, or abandonment of their work on the project.
Residential Jobs: Similarly, for residential projects, original contractors must file their lien affidavit by the 15th day of the third month following the completion, termination, or abandonment of their work.
Understanding and meeting these deadlines is critical to preserving your lien rights and ensuring fair compensation for the work you've performed. If you're unsure about any aspect of Texas lien laws or your specific situation, don't hesitate to seek guidance from Allen Bryson Lamar, PLLC or other legal professionals experienced in construction law.