TX · Mechanics Lien Law
Texas Mechanics Lien Law: Deadlines, Notices & Filing Guide
Texas Chapter 53 lien law is notice-driven: subcontractors and suppliers must serve monthly 'Funds-Trapping' and 'Retainage' notices to preserve lien rights. Public projects fall under the McGregor Act (Government Code Chapter 2253).
Texas mechanics lien deadlines at a glance
Subcontractors and suppliers must serve monthly notices to the owner and original contractor by the 15th day of each month for unpaid labor or materials, with strict timing that varies by tier (3rd-month notice for second-tier; 2nd-month for derivative claimants).
Commercial: file the lien affidavit by the 15th day of the 4th month after last furnishing. Residential: by the 15th day of the 3rd month. Original contractors: by the 15th day of the 4th month after the original contract is completed, terminated, or abandoned.
Suit to foreclose must be filed within 1 year of the last day for filing the lien affidavit (commercial) or within the period required by an owner's demand (as short as 30 days).
Public-project claimants must file a McGregor Act bond claim within 90 days of last work and may need to file suit within 1 year.
Primary statute
Texas Property Code, Chapter 53 · Texas Government Code, Chapter 2253 (McGregor Act)
View official statuteWho can file a mechanics lien in Texas?
Original contractors, subcontractors, sub-subcontractors, suppliers, design professionals, landscapers, and demolition contractors.
Overview of Texas lien practice
Texas is a strict-compliance lien state with a complex monthly notice system. Subcontractors and suppliers must serve owners and original contractors with notice of unpaid amounts by the 15th day of the 2nd or 3rd month after the month in which labor or material was furnished, depending on their tier. The lien affidavit itself must be filed by the 15th day of the 3rd or 4th month after last furnishing, and suit to foreclose generally must follow within one year. The 2022 amendments to Chapter 53 streamlined some forms but did not relax the timing rules.
Common pitfalls on Texas projects
Missing a monthly funds-trapping notice
Each month's unpaid labor or materials triggers its own notice deadline. A single missed month can cap the lien at later-month amounts only.
Treating residential and commercial deadlines the same
Residential deadlines are one month shorter at every step. Misapplying commercial timing on a residential project voids the lien.
Ignoring the original contractor's deadline structure
Original contractors do not file monthly notices but must file the lien affidavit on a different schedule tied to substantial completion or abandonment.
Texas mechanics lien FAQs
When do I have to send notice to the owner in Texas?
Second-tier subcontractors and suppliers must serve owners and original contractors by the 15th day of the 3rd month after each month in which labor or material was furnished and unpaid. Derivative claimants must also send a 2nd-month notice to the original contractor.
How long do I have to file a Texas mechanics lien?
Commercial: by the 15th day of the 4th month after last furnishing. Residential: by the 15th day of the 3rd month. Original contractors have until the 15th day of the 4th month after contract completion.
How quickly can an owner force me to sue?
An owner or original contractor can serve a written demand requiring suit within 30 days under § 53.158. Failure to file within that window forfeits the lien.
Filing a Texas mechanics lien or bond claim?
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This page is general information and not legal advice. Statutes change — verify against the official text linked above.