A mechanic’s lien is one of the strongest collection tools available to a Texas contractor, subcontractor, or supplier. It only works if the paperwork behind it is correct. Texas lien rights come from statute, and courts expect strict compliance with notice and filing deadlines. At Murray | Lobb Attorneys, our Harris County creditor rights lawyers have represented businesses and property owners throughout the Houston area since 1991. The 2022 amendments to Chapter 53 of the Texas Property Code simplified several of those deadlines and shortened others, so a timeline a contractor relied on a few years ago may now cost it a valid claim.
Which Projects Do the New Rules Cover?
The new rules govern projects whose original contract, meaning the agreement between the owner and the general contractor, was signed on or after January 1, 2022. The Texas Legislature rewrote much of the lien statute through House Bill 2237, which took effect that day, and the amendments are not retroactive. Projects under older original contracts still follow the prior statute, so contractors should confirm the original contract date before calculating any deadline.
Notice Deadlines for Subcontractors and Suppliers
Original contractors deal directly with the owner and generally need no pre-lien notice. Subcontractors and suppliers do, and Texas Property Code Chapter 53 sets the deadlines and statutory forms for their notices.
Under Section 53.056, a claimant who is not paid must send a notice of claim for unpaid labor or materials to both the owner and the original contractor. For commercial projects, the notice is due by the 15th day of the third month after the month in which the unpaid work was performed, or the materials were delivered. On residential projects, the deadline moves up to the 15th day of the second month.
The 2022 changes eliminated the separate “second month” notice that second-tier claimants once sent to the original contractor. One notice to both parties now satisfies the requirement. The statute also prescribes the form of the notice, and claimants must substantially comply with its terms.
Two practical points:
- A separate notice is required for each month in which unpaid work or materials were furnished.
- Under Section 53.003(e), a deadline that falls on a Saturday, Sunday, or legal holiday extends to the next day that is not a Saturday, Sunday, or legal holiday.
What Is the Deadline to File the Lien Affidavit?
Under Section 53.052, the lien affidavit must be filed with the county clerk in the county where the property is located by the 15th day of the fourth month after the triggering month on commercial projects, or by the 15th day of the third month on residential projects.
For an original contractor, the triggering month is the month its work was completed, terminated, or abandoned. For subcontractors and suppliers, the clock runs from the month they last furnished labor or materials. A subcontractor who finishes early cannot wait for the general contractor to wrap up.
The amendments also eliminated a 40-day deadline that, under prior law, an owner’s affidavit of completion could impose on claims against retained funds.
Under Section 53.055, the claimant must send a copy of the filed affidavit to the owner within five days after filing. A subcontractor or supplier must also send a copy to the original contractor within the same period.
Retainage Claims Require Their Own Notice
Retainage is the portion of each payment an owner or contractor holds back until the project is finished. Unless the unpaid retainage was already included in a monthly notice, Section 53.057 requires a claimant who is other than the original contractor to send a Notice of Claim for Unpaid Retainage, using the statutory form, to the owner and the original contractor.
That notice is due by the earlier of two dates: the 30th day after the claimant’s own contract is completed, terminated, or abandoned, or the 30th day after the original contract is terminated or abandoned. Subcontractors should calendar that notice the day their own work wraps up. The lien affidavit for retainage must then be filed by the 15th day of the third month after the month the original contract was completed, terminated, or abandoned.
How Long Do You Have to Foreclose on a Texas Mechanic’s Lien?
You generally have one year. Under Section 53.158, suit to foreclose must be filed by the first anniversary of the last day the claimant could have filed its lien affidavit under Section 53.052. Prior law generally gave commercial claimants two years.
The deadline runs from the last permissible filing date, not the date the affidavit was actually recorded. The claimant can extend the deadline through a written agreement with the current record owner, made before the one-year period expires, and recorded in the county where the lien was filed. Even with an agreement, the extension cannot run past the second anniversary of the date the lien affidavit was filed.
Other Changes Worth Knowing
Several additional amendments affect day-to-day compliance:
- Statutory conditional and unconditional lien waivers no longer need to be notarized.
- Licensed architects, engineers, and surveyors no longer need a contract directly with the owner to claim a lien.
- A new “purported original contractor” definition covers a contractor that controls, or is controlled by, the owner. A subcontractor hired directly by that contractor is treated as an original contractor for purposes of perfecting its lien.
Residential homestead projects remain subject to additional requirements under Section 53.254. The contract must be in writing, signed by both spouses if the owner is married, executed before any work begins, and filed with the county clerk.
Speak With a Harris County Creditor Rights Lawyer
Texas lien deadlines fall on fixed calendar dates, and a claimant who misses one generally cannot fix it later. The Harris County creditor rights attorneys at Murray | Lobb Attorneys can review your contract dates and build a compliant timeline, whether you need to:
- Send a monthly notice
- Record a lien affidavit
- Pursue retainage
- File suit to foreclose before the limitations period expires
We serve contractors, suppliers, and property owners throughout Harris, Galveston, Fort Bend, Montgomery, and Chambers Counties. Call 281-488-0630 or contact us to schedule a consultation with a Harris County creditor rights law firm.