The mechanic’s lien process in Texas is known for being one of the most complex in the country. With strict deadlines, detailed notice rules, and paperwork that must be filed just right, it’s easy to get overwhelmed. And to make things trickier, many parts of Texas lien law come with confusing exceptions, especially when it comes to contracts.
A common question we hear is: Can you file a lien without a contract? The answer depends on several factors, including the type of property and the kind of work or service provided. In most cases, Texas law allows contractors, subcontractors, laborers, and suppliers to protect their lien rights even if there’s no written contract in place. But as always with lien law, there are exceptions.
Let’s break down when a written agreement is required, when it’s not, and what you need to know before filing a mechanic’s lien in Texas.
When Can You File a Lien Without a Contract?
Texas law generally supports your right to file a mechanic’s lien even if your agreement wasn’t in writing. This means a verbal contract—or even a handshake deal—can be enough to protect your lien rights in many situations. However, this doesn’t apply to every type of property or construction project.
There are two important exceptions where a written contract is required before you can enforce your construction lien. Understanding these exceptions can help you avoid costly mistakes, delays, or worse—losing your ability to get paid for the work, materials, or services you provided.
Exception #1: Type of Property
Contractors can file a lien on a property without a written contract in most cases. However, if the project in question is on a residential homestead property, a written contract must be filed in the local property records and is required to enforce mechanic’s lien filing rights.
In Texas, a homestead is the person’s primary residence, and it includes both the structure and the property. If you’re working on a residential homestead property, you must have a formal written contract to file a mechanic’s lien against the property. There are additional legal requirements to file a lien against a homestead that aren’t addressed in this paper. You should consult your attorney if attempting to assert lien rights against a homestead property.
In the case of a commercial construction project or a residential construction project that is non-homestead property, a verbal contract is usually sufficient, and a written contract is not required to preserve your rights to file a mechanic’s lien to pursue non-payment on a project.
Exception #2: The Service Provided
Even if the property itself doesn’t require a written agreement, the type of work you do might.
Under Texas lien law, certain service providers must have a written contract in place to preserve their right to file a construction lien, no matter the property type. Specifically, this applies to:
- Surveyors – If you provide surveying services for a construction or repair project, you must have a written agreement with the property owner, their agent, trustee, or receiver.
- Demolition contractors – If your work involves tearing down existing structures, you’re also required to have a written contract. This contract can be with the owner or someone higher up in the project chain, like a general contractor or subcontractor.
If you’re doing work like framing, electrical, plumbing, or supplying materials, a verbal contract will usually qualify. But if you fall into one of the specialized service categories above, you’ll need that signed contract to protect your lien rights.
What Does a Written Contract Really Mean in Texas Construction?
When it comes to mechanic’s liens, many contractors wonder what counts as a written contract and why it matters. In Texas, a construction contract doesn’t have to be a complicated document, but it does need to meet certain requirements if you want to use it to file a lien on real property.
Let’s clear up a few misconceptions about written agreements, especially if you’re doing business without a formal contract in place.
Verbal vs. Written: Understanding What Qualifies
In most cases, a verbal agreement or informal communication—like text messages or emails confirming the project, price, and scope—can help show there was an agreement in place. But these don’t always meet the legal definition of a written contract, especially when you need to enforce your lien rights.
A valid written agreement should include:
- The names of the parties (contractor, subcontractor, or property owner)
- A description of the labor, materials, or services to be provided
- Terms of payment, including the agreed amount or method for calculating it
- Signatures (especially important for homestead properties)
Having a clear and signed contract strengthens your position and can also help prevent disputes and delays if payment issues come up.
Why a Signed Agreement Protects Both Parties
A written agreement gives both sides (contractor and owner) a solid record of expectations. If there’s a dispute about what was promised or when the last work was performed, having a signed document makes things much easier to resolve.
In the worst-case scenario, if the situation escalates to a lawsuit or foreclosure action, your written contract can become a crucial piece of evidence. Without it, you may lose your ability to file or enforce a construction lien, even if you’ve done everything else right.
The Role of the Property Owner in Mechanic’s Lien Claims
Whether or not a contractor has a written agreement, the property owner plays an important role in the lien process. Understanding your obligations to notify the owner and how their actions can affect your claim is key to enforcing your lien rights.
When Property Owners Must Be Notified
Texas law requires contractors and subcontractors to send specific notice documents to the owner before filing a lien in many cases. If you skip this step, your construction lien could be invalid. This notice gives the property owner a chance to resolve the issue before a lien is officially filed.
Filing Against a Property Owner Without a Contract: Is It Possible?
Yes, but only in certain situations. If you didn’t have a direct contract with the owner, you must follow all notice and deadline rules carefully to protect your claim. Missing even one deadline can cost you your right to enforce the lien, so tracking dates is critical.
Navigating Texas Lien Law Without a Formal Contract
Texas lien law doesn’t always require a written construction contract, but it does require precision. The law outlines specific rules for who can file, what documentation is needed, and how deadlines are calculated.
What the Texas Property Code Says About Contract Requirements
According to Chapter 53, a mechanic’s lien can be filed with or without a written contract, except in cases involving homesteads, surveying, or demolition services. In those exceptions, the law requires a written agreement to be signed and sometimes even filed in the county records.
How Courts Interpret Lien Law in No-Contract Situations
Courts often look at emails, invoices, and job records to determine if a valid agreement existed. Without clear evidence, your ability to file a lien could be limited. That’s why it’s smart to keep detailed records of your communication, work performed, and payment requests.
Protecting Your Lien Rights Without Written Proof
Working without a formal contract doesn’t mean you give up your lien rights. But it does mean you’ll need to be extra careful about documentation and deadlines.
Steps to Strengthen Your Case with a Verbal Agreement:
- Save all written communication (texts, emails, quotes)
- Keep detailed records of work performed and materials delivered
- Track payment timelines and missed due dates
Tips for Documenting Work and Communication:
Using invoices, delivery receipts, photos, and timesheets can help prove your claim if a dispute arises—especially if the property owner questions the work.
Know Your Rights and Use Them to Get Paid
Texas lien law can be tricky, especially when there’s no written contract involved. But here’s the good news: in most cases, you can still file a lien and protect your right to get paid, even if the agreement was verbal. The key is knowing when a written contract is required, understanding your lien rights, and keeping accurate records of your work, materials, and communication.
If you’re dealing with a homestead property, or you’re a surveying or demolition contractor, don’t skip the written agreement. It’s essential for filing a valid mechanic’s lien. For everyone else, be sure you follow Texas’s strict notice and filing rules to keep your claim enforceable and receive the money you’re owed.
At Texas Easy Lien, we make the complicated lien process simple. Whether you’re a contractor, subcontractor, or materials supplier, our platform walks you through everything you need to do to protect your lien rights, even if you didn’t sign a formal contract. We provide fast, affordable access to legally sound documents, and you can prepare, file, and mail your lien documents online in just minutes—no attorney or office visit required.
