The Texas mechanic’s lien timeline is a structured series of deadlines that contractors, subcontractors, and suppliers must adhere to in order to protect their right to payment for work or materials provided on a construction project. This timeline is crucial for understanding how to file a lien for unpaid work in Texas.
This timeline is designed to balance the interests of property owners, contractors, and suppliers by ensuring timely notice of potential liens and prompt filing of claims. The timeline varies depending on the project type, so understanding what residential construction is and how it differs from commercial projects is crucial for determining lien deadlines. The claimant’s role in the project (general contractor, subcontractor, or supplier) is also a factor in determining the correct deadline.
The timeline is laid out in a step-by-step process, with each step having its own specific deadline. The deadlines are based on the month and year in which work was performed or materials were supplied, not when invoices were issued. The invoice date and company accounting methods are irrelevant for these claims.
For example, assume that a contractor completed a three-month painting project that lasted from January to March. The contractor would need to separately identify the value of the work performed in January, February, and March. It would not matter if only one invoice was issued at the end of the project. This distinction is crucial for proper compliance with lien laws.
Key components of the Texas mechanic’s lien timeline, as established by Chapter 53 of the Texas Property Code, include:
- For Original (General) Contractors:
- No pre-lien notice required
- Lien affidavit must be filed within 4 months after completion, termination, or abandonment of the contract
- For Subcontractors (1st Tier) on Commercial Projects:
- Send invoice by the 15th day of the second month following the month work was performed
- Send pre-lien notice by the 15th day of the third month following the month work was performed
- File lien affidavit by the 15th day of the fourth month following the month work was performed
- For Sub-subcontractors (2nd Tier) on Commercial Projects:
- Same timeline as 1st Tier Subcontractors
- For Residential Projects:
- Subcontractors have shorter timelines: pre-lien notice by the 15th of the second month, lien affidavit by the 15th of the third month
- Original contractors must file a lien affidavit within 3 months of completion, termination, or abandonment
To better illustrate how these timelines work in practice, let’s consider a few specific examples. These scenarios demonstrate how the timeline applies to different types of contractors and projects, highlighting the importance of understanding and adhering to these deadlines:
- A general contractor completes work in January on a spec home (considered a commercial project). They have until May 15th to file a lien affidavit.
- A subcontractor performs work in March on an office building project. They must:
- Send an invoice by May 15th
- Send a pre-lien notice by June 15th
- File a lien affidavit by July 15th
- A sub-subcontractor works on a custom home project in August, where the owner will occupy the property (a true residential project). They must:
- Send a pre-lien notice by October 15th
- File a lien affidavit by November 15th
If the 15th falls on a weekend or holiday, the deadline extends to the next business day.
Keeping track of mechanic’s lien deadlines can be tricky, but Texas Easy Lien is here to help. Our user-friendly online platform makes managing all these critical dates a breeze, whether you’re working on commercial or residential projects. We’ve streamlined the whole process so you can handle every step required to file a property lien in Texas—from document prep to filing—without ever leaving your computer. With Texas Easy Lien, you’ll stay on top of your lien rights effortlessly, giving you more time to focus on what you do best—your work.