We Wrote the Book on Texas Construction Law — Literally.
At Lovein Ribman, construction law is not just a practice area—it is the foundation of our firm. For nearly two decades, we have represented the full spectrum of the construction industry in every type of dispute and transaction across commercial, residential, industrial, and public works projects throughout Texas. Our leadership in this field is well established. Managing Partner Robert M. Lovein and Senior Partner Elana M. Ribman are the co-authors of Texas Construction Law and Practice, published by LexisNexis and Matthew Bender. This treatise is widely relied upon by attorneys, judges, arbitrators, and construction professionals for guidance on preparing, filing and foreclosing statutory and constitutional mechanic’s liens; litigating residential and commercial construction defect claims; construction contract drafting and disputes; and understanding common construction statutes. The firm’s Construction Law Department is led by two of the only 151 attorneys in Texas who are Board Certified in Construction Law: Robert M. Lovein and Haven J. Massey. Year after year, Best Lawyers—the legal industry’s leading peer-reviewed publication—has recognized Lovein Ribman as one of the top construction law and litigation firms in Texas. This distinction, combined with our extensive construction litigation and transactional experience, sets us apart as one of the most qualified construction law teams in the state.
We routinely assist general contractors, subcontractors, material suppliers, engineers, and architects with filing and enforcing mechanic’s liens on privately owned projects across the entire state of Texas. If you are considering filing a mechanic’s lien on a residential or commercial project, please contact us for a free consultation by calling our toll-free number at (888) 368-2483 or by submitting the Contact Form. Read below to learn more about the Texas mechanic’s lien laws, the deadlines to serve a notice of claim or file a mechanic’s lien, and commonly asked questions/answers about the Texas mechanic’s lien process. Click here for a comprehensive summary of the Texas lien laws.
The Mechanic’s Lien Process – How to File a Mechanic’s Lien in Texas
What are the Benefits to Filing a Lien?
How Long Should I Wait Before I Begin the Lien Process on a Project?
What are the Steps for Filing a Mechanic’s Lien?
What is the Deadline to Serve a Pre-Lien Notice?
What Is the Deadline for Filing a Lien?
The Mechanic’s Lien Process – How to File a Mechanic’s Lien in Texas
Perfecting a statutory mechanic’s lien in Texas requires a claimant to properly prepare, timely file, and serve all lien documents mandated by Texas Property Code, Chapter 53. Failure to satisfy these requirements will likely render the mechanic’s lien invalid. The steps and deadlines to perfect a Texas mechanic’s lien vary based on whether the lien claimant is an original contractor (someone hired by the property owner or owner’s agent) or a derivative claimant (someone not hired by the property owner or the owner’s agent) and become more stringent depending on whether the property is classified as non-residential, residential (non-homestead), or residential homestead. A derivative claimant residential homestead mechanic’s lien is the most difficult statutory mechanic’s lien to perfect in Texas. The following sections outline the mandatory steps and deadlines for serving and filing all required mechanic’s lien documents, organized by claimant and project type.
Steps to Perfect an Original Contractor’s Mechanic’s Lien Against a Non-Residential and Residential (Non-Homestead) Property
Other than the deadline to file the lien affidavit, the steps to perfect an original contractor’s mechanic’s lien against a non-residential (commercial property) or residential (non-homestead) property are identical. These two types of mechanic’s liens are the simplest to perfect under Chapter 53.
Step One—Prepare the Lien Affidavit: Draft the lien affidavit in compliance with Section 53.054, “Contents of Affidavit.” A claimant filing a lien against a residential (non-homestead) property does not need to satisfy Section 53.254, “Contractual Requirements for Lien on Homestead.” However, if there is any possibility that the property may qualify as a homestead, it is advisable to include the notice required under Section 53.254(f) at the top of the lien affidavit in at least 10-point bold font: “NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN.” This precaution ensures compliance if homestead status is later shown.
Step Two—Timely File the Lien Affidavit: The lien affidavit must be filed with the county clerk in the county where the property is located to be valid. For a non-residential property, the deadline to file the lien affidavit is the 15th day of the fourth month following the month in which the original contractor’s work was completed, terminated, or abandoned.
Example: If the contractor’s contract was terminated on January 15th, then the affidavit must be filed by no later than May 15th. If the 15th falls on a Saturday, Sunday, or legal holiday, then the period is extended to the next day business day that is not a Saturday, Sunday, or legal holiday.
For a residential property, the deadline is the 15th day of the third month following the month in which the original contractor’s work was completed, terminated, or abandoned.
Example: If the project was completed in January, then the affidavit must be filed by no later than April 15th. If the 15th falls on a Saturday, Sunday, or legal holiday, then the period is extended to the next day business day that is not a Saturday, Sunday, or legal holiday.
Step Three—Timely Serve the Lien Affidavit: A copy of the lien affidavit must be sent to the owner or reputed owner no later than the fifth day after the date the lien affidavit is filed with the county clerk.
Steps to Perfect a Derivative Claimant’s (Anyone Not Hired by the Property Owner or Owner’s Agent) Mechanic’s Lien Against a Non-Residential and Residential (Non-Homestead) Property
Other than the deadlines for serving the notice of claim for unpaid labor or materials and filing the lien affidavit, the steps to perfect a derivative claimant’s mechanic’s lien against a non-residential or residential (non-homestead) property are identical. However, compared to an original contractor lien, a derivative claimant’s lien is generally more challenging to perfect due to the additional requirement of timely serving the owner and original contractor with a notice of claim for unpaid labor, materials, or retainage before filing the lien affidavit. Failure to satisfy this step renders the lien invalid.
Step One—Serve the Notice of Claim for Unpaid Labor or Material: Any claimant who is not directly hired by the owner or the owner’s agent must serve the property owner and original contractor with a notice of claim (also known as a “pre-lien notice” or “intent to lien notice”) before filing a lien affidavit for the mechanic’s lien to be valid. The notice must substantially comply with the form outlined in Chapter 53, Section 53.056(a-2) of the Texas Property Code. For a non-residential property, the notice must be served no later than the 15th day of the third month following the month in which: (1) the unpaid labor or materials were provided to the property, or (2) any unpaid and undelivered specially fabricated materials would normally have been delivered. For a residential property, the notice must be served no later than the 15th day of the second month following the month in which these same conditions apply.
Example One: If a claimant provided unpaid labor to a residential construction project in January, it must deliver a notice of claim by March 15th. For all other projects, the deadline to deliver the notice would be April 15th.
Example Two: If a claimant provided unpaid labor and materials to a residential project in January, April, and July, it must send three separate notices: the first by March 15th, the second by June 15th, and the third by September 15th.
Practice Tip: A claimant can consolidate multiple months of unpaid invoices into a single notice, as long as the notice is sent by the earliest applicable deadline.
Example Three: Applying the above tip, if a claimant on a commercial project provided unpaid labor or materials in January, February, March, and the first week of April, it could include all months in a single notice, provided the notice was delivered by April 15th.
Practice Tip: A claimant should send the notice of claim as early as possible to increase the chance of trapping funds before they are paid to the original contractor.
When calculating the deadline to deliver a notice of claim, if the last day of the period falls on a Saturday, Sunday, or legal holiday, the deadline is automatically extended to the next business day that is not a Saturday, Sunday, or legal holiday.
Example: If the 15th day falls on a Saturday or Sunday, the claimant would have until the following Monday to deliver the notice of claim. If that Monday is a legal holiday, the deadline extends to Tuesday.
Section 53.003 outlines three acceptable methods for delivering a notice of claim: (1) in person to the recipient or their authorized agent; (2) by certified mail; or (3) via a traceable private delivery or mailing service that provides proof of receipt.
Practice Tip: When the notice of claim is served via certified mail, it is considered delivered on the date it is deposited with the United States Post Office, regardless of when it is actually received.
Step Two—Serve the Notice of Claim for Unpaid Retainage: If retainage is withheld under a contractual retainage provision, the claimant must serve the owner and the original contractor with a notice of claim for unpaid retainage by the earlier of: (1) the 30th day after the claimant’s contract is completed, terminated, or abandoned; or (2) the 30th day after the original contract is terminated or abandoned. Failure to meet this deadline will render the lien for unpaid retainage invalid. The notice must be prepared in substantial compliance with the form outlined in Section 53.057(a-2). Since project abandonment and contract termination are relatively uncommon, the notice deadline will, in most cases, fall within 30 days of the claimant’s contract being completed, terminated, or abandoned.
Example: If a claimant completes its contract on March 1st, it will be required to deliver a copy of the notice within no later than 30 days from March 1st, unless the original contractor abandoned the project or its contract was terminated prior to March 1st, in which case the notice must be delivered within no later than 30 days from the date of that event.
Practice Tip: The requirement of delivering a Section 53.057 notice of claim for unpaid retainage can be satisfied if the amount of unpaid retainage is stated in the Section 53.056 notice of claim for unpaid labor or materials, thereby eliminating the need to deliver a separate standalone Section 53.057 notice of claim for unpaid retainage. Combining the notices should be preferred if a Section 53.056 notice is already being sent to avoid having to deliver a subsequent notice to satisfy the Section 53.057 requirements.
Step Three—Prepare the Mechanic’s Lien Affidavit: The lien affidavit must be prepared in substantial compliance with Chapter 53, Section 53.054, “Contents of Affidavit.” Unlike original contractors, derivative claimants must include the months in which the unpaid work was performed, the date each notice of claim was sent, and the method of delivery. A claimant filing a lien affidavit against a residential (non-homestead) property is not required to comply with Chapter 53, Section 53.254, “Contractual Requirements for Lien on Homestead.” However, if there is any possibility that the residence could be classified as a homestead, the notice required under Section 53.254(f) should be included at the top of the lien affidavit in at least 10-point bold font: “NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN,” to account for the potential demonstration of homestead status.
Step Four—Timely File the Mechanic’s Lien Affidavit: The mechanic’s lien affidavit must be filed with the county clerk’s office in the county where the property is located to be valid.
For a non-residential property, a lien affidavit for unpaid progress payments must be filed by no later than the 15th day of the fourth month after the later of: (1) the month the claimant last provided labor or materials to the property; or (2) for undelivered specially fabricated materials, the month the claimant would normally have been required to deliver the last of the undelivered specially fabricated materials.
Example: If a subcontractor last provided labor or materials in January, then the affidavit must be filed by no later than May 15th. If the 15th falls on a Saturday, Sunday, or legal holiday, then the period is extended to the next day business day that is not a Saturday, Sunday, or legal holiday.
Practice Tip: Claimants, especially those who provide work toward the end of a project, should file the lien affidavit as soon as their work is completed. Filing promptly ensures the lien attaches to the reserved funds before they are legally released to the original contractor.
For a residential (non-homestead) property, a lien affidavit for unpaid progress payments must be filed no later than the 15th day of the third month after the later of: (1) the month the claimant last provided labor or materials to the property; or (2) for undelivered specially fabricated materials, the month the claimant would normally have been required to deliver the last of the undelivered specially fabricated materials.
Example: If a subcontractor last provided labor or materials in January, then the affidavit must be filed by no later than April 15th. If the 15th falls on a Saturday, Sunday, or legal holiday, then the period is extended to the next day business day that is not a Saturday, Sunday, or legal holiday.
If the claim is purely for unpaid retainage, the lien affidavit should be filed no later than the 30th day after the earliest of: (1) the work under the original contract is completed; (2) the original contract is terminated; or (3) the original contractor abandons performance under the original contract.
Step Five—Timely Serve the Lien Affidavit: A copy of the lien affidavit must be delivered to the owner or reputed owner and the original contractor no later than the fifth day after the date the lien affidavit is filed with the county clerk.
Steps to Perfect an Original Contractor’s Mechanic’s Lien Against a Residential Homestead Property
An original contractor does not have the right to file a statutory mechanic’s lien against a homestead residence unless it has met the contractual requirements outlined in Chapter 53, Section 53.254 of the Texas Property Code. If these requirements are satisfied, the process for perfecting an original contractor’s lien against a homestead residence is straightforward.
Step One—Determine if the Claimant has Lien Rights: To file a lien against a homestead residence, the following conditions must be met: (1) the owner and original contractor must execute a written contract outlining the terms of the agreement; (2) if the owner is married, both spouses must sign the contract; (3) the contract must be executed before any labor or material has been furnished to the project; and (4) the contract must be filed with the county clerk’s office in the county where the project is located.
If the unpaid work involves “repair or renovation of existing improvements” rather than “construction of new improvements” on a homestead property, the original contractor should also consider whether the following additional constitutional requirements apply: (1) the contract cannot be executed before the fifth day after the owner submits a written application for an extension of credit, unless the work is necessary for immediate repairs affecting the health or safety of the owner or residents, which must be acknowledged in writing; (2) the contract must include a provision allowing the owner to rescind the agreement without penalty within three days after execution, unless immediate repairs affecting health or safety are required and acknowledged in writing; and (3) the contract must be signed by the owner and, if applicable, the owner’s spouse at the office of a third-party lender, an attorney, or a title company.
Step Two—Prepare the Lien Affidavit: Prepare the mechanic’s lien affidavit in accordance with Section 53.054, “Contents of Affidavit” and Section 53.254(f), by including the following notice at the top of the affidavit in at least 10-point bold font, “NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN.”
Step Three—Timely File the Lien Affidavit: File the mechanic’s lien affidavit with the county clerk’s office in the county where the property is located by no later than the 15th day of the third month after the month in which the original contractor’s work was completed, terminated, or abandoned.
Example: If the project was completed in January, then the lien affidavit must be filed by no later than April 15th. If the 15th falls on a Saturday, Sunday, or legal holiday, then the period is extended to the next day business day that is not a Saturday, Sunday, or legal holiday.
Step Four—Timely Serve the Lien Affidavit: A copy of the lien affidavit must be sent to the owner or reputed owner no later than the fifth day after the lien affidavit is filed with the county clerk.
Steps to Perfect a Derivative Claimant’s Mechanic’s Lien Against a Residential Homestead Property
Perfecting a derivative claimant’s mechanic’s lien against a residential homestead property is the most complex and challenging type of mechanic’s lien to perfect under Chapter 53 of the Texas Property Code. A derivative claimant’s lien rights depend entirely on whether the original contractor complied with the contractual requirements outlined in Section 53.254. Additionally, if the unpaid work involves repairs or renovations to an existing improvement, the claimant may also need to satisfy the stricter contractual mandates set forth in Article XVI, Section 50(a)(5)(A)–(D) of the Texas Constitution. Moreover, while an original contractor is required to file the residential construction contract with the county clerk’s office, this requirement is often overlooked and only fulfilled if the original contractor files its own lien. As a result, derivative claimants typically cannot confirm whether they have lien rights before initiating the lien process. Additionally, to perfect a lien against a homestead residential property, derivative claimants must include specific warning statements in both the notice of claim and the lien affidavit, as mandated by Chapter 53, Section 53.254.
Step One—Determine if the Claimant has Lien Rights: To have the right to file a lien against a homestead residence, the following conditions must be met: (1) a written contract must be executed by the owner and the original contractor outlining the terms of the agreement; (2) if the owner is married, both spouses must sign the contract; (3) the contract must be executed before any labor or material has been furnished to the project; and (4) the contract must be filed with the county clerk’s office in the county where the project is located. If these conditions are met, the right to file a lien extends to all parties providing labor or materials under the original contractor’s contract.
Step Two—Serve the Notice of Claim for Unpaid Labor or Materials: A claimant not directly hired by the owner or the owner’s agent must serve a notice of claim (also known as a “pre-lien notice” or “intent to lien”) for unpaid labor or materials on both the owner and the original contractor before filing a lien affidavit. If retainage has been or will be withheld under a contractual retainage provision, the claimant may include the information required under Section 53.057, “Derivative Claimant: Notice of Claim for Unpaid Retainage,” to potentially avoid serving a separate retainage notice. The notice must be drafted in substantial compliance with the form specified in Chapter 53, Section 53.056(a-2) and must include the following warning statement for the lien to be enforceable:
If a subcontractor or supplier who furnishes materials or performs labor for construction of improvements on your property is not paid, your property may be subject to a lien for the unpaid amount if:
(1) after receiving notice of the unpaid claim from the claimant, you fail to withhold payment to your contractor that is sufficient to cover the unpaid claim until the dispute is resolved; or
(2) during construction and for 30 days after completion of your contractor’s work, you fail to reserve 10 percent of the contract price or 10 percent of the value of the work performed by your contractor.
If you have complied with the law regarding the reservation of 10 percent of the contract price or value of work and you have withheld payment to the contractor sufficient to cover any written notice of claim and have paid that amount, if any, to the claimant, any lien claim filed on your property by a subcontractor or supplier, other than a person who contracted directly with you, will not be a valid lien on your property. In addition, except for the required 10 percent reservation, you are not liable to a subcontractor or supplier for any amount paid to your contractor before you received written notice of the claim.
The notice must be served within no later than the 15th day of the second month after each month during which: (1) the unpaid labor or materials were provided to the property; or (2) any unpaid and undelivered specially fabricated materials would normally have been delivered to the property. For projects lasting more than three months, multiple notices may be required to perfect a lien.
Example One: If a claimant provided unpaid labor to a residential construction project in January, it must deliver a notice of claim by March 15th.
Example Two: If a claimant provided unpaid labor and materials to a residential project in January, April, and July, it must send three separate notices: the first by March 15th, the second by June 15th, and the third by September 15th.
Practice Tip: A claimant can consolidate multiple months of unpaid invoices into a single notice, as long as the notice is sent by the earliest applicable deadline.
Example Three: Applying the above tip, if a claimant on a commercial project provided unpaid labor or materials in January, February, March, and the first week of April, it could include all months in a single notice, provided the notice was delivered by April 15th.
Practice Tip: A claimant should send the notice of claim as early as possible to increase the chance of trapping funds before they are paid to the original contractor.
Step Three—Serve the Notice of Claim for Unpaid Retainage: If retainage is withheld under a contractual retainage provision, the claimant must serve the owner and the original contractor with a notice of claim for unpaid retainage no later than the earlier of: (1) the 30th day after the claimant’s contract is completed, terminated, or abandoned; or (2) the 30th day after the original contract is terminated or abandoned for the lien to be valid. The notice must substantially comply with the form outlined in Section 53.057(a-2) and include the required warning statement under Section 53.254(g) referenced in Step Two for the lien to be valid.
Example: If a claimant completes its contract on March 1st, it will be required to deliver a copy of the notice within no later than 30 days from March 1st, unless the original contractor abandoned the project or its contract was terminated prior to March 1st, in which case the notice must be delivered within no later than 30 days from the date of that event.
Practice Tip: The requirement of delivering a Section 53.057 notice of claim for unpaid retainage can be satisfied if the amount of unpaid retainage is stated in the Section 53.056 notice of claim for unpaid labor or materials, thereby eliminating the need to deliver a separate standalone Section 53.057 notice of claim for unpaid retainage. Combining the notices should be preferred if a Section 53.056 notice is already being sent to avoid having to deliver a subsequent notice to satisfy the Section 53.057 requirements.
Step Four—Prepare the Mechanic’s Lien Affidavit: Prepare the lien affidavit in accordance with Section 53.054, “Contents of Affidavit” and Section 53.254(f), by including the following notice at the top of the affidavit in at least 10-point bold font, “NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN.”
Step Five—Timely File the Lien Affidavit: File the mechanic’s lien affidavit with the county clerk’s office in the county where the property is located no later than the 15th day of the third month after the later of: (1) the month the claimant last provided labor or materials to the property; or (2) for undelivered specially fabricated materials, the month the claimant would have been required to deliver the last of the undelivered materials. If the claim is just for unpaid contractual retainage, the lien affidavit must be filed no later than the 30th day after the earliest of: (1) the completion of work under the original contract; (2) termination of the original contract; or (3) abandonment of performance by the original contractor.
Example: If a subcontractor last provided labor or materials in January, then the affidavit must be filed by no later than May 15th. If the 15th falls on a Saturday, Sunday, or legal holiday, then the period is extended to the next day business day that is not a Saturday, Sunday, or legal holiday.
Practice Tip: Claimants, especially those who provide work toward the end of a project, should file the lien affidavit as soon as their work is completed. Filing promptly ensures the lien attaches to the reserved funds before they are legally released to the original contractor.
Step Six—Timely Serve the Lien Affidavit: A copy of the lien affidavit must be sent to the owner or reputed owner and the original contractor no later than the fifth day after the date the lien affidavit is filed with the county clerk.
What is a Mechanic’s Lien?
A Mechanic’s Lien is one of the most powerful legal tools that a General Contractor, Subcontractor, Architect, Engineer, Material Supplier, or Laborer has to secure payment for unpaid labor/materials/equipment provided to a privately owned (as opposed to state or federally owned) Property. In Texas, a Mechanic’s Lien is also referred to as a “Contractor’s Lien.” When properly filed with the County Clerk’s Office in the county where the Property is located, the Lien creates an encumbrance (or a “cloud”) on the Property’s title, thereby giving notice to Lenders and potential purchasers that someone (referred to as the “Claimant”) claims a debt is owed to it for labor/materials/equipment provided to the Property. Lenders typically will not provide permanent financing nor will they refinance a Property that has a Lien filed against it. As such, Property Owners (especially on new construction) will need to resolve the Lien prior to completion of the Project or before the Property is refinanced or sold. Further, if the debt is not paid, you may enforce the Lien by filing a Lawsuit to foreclose (sell) the Property. It has become the practice, as opposed to the exception, for all categories of Contractors, Subcontractors, Architects, Engineers, Material Suppliers, and Laborers to routinely serve and file all necessary Lien Documents as a means to protect their unpaid invoices.
What are the Benefits to Filing a Lien?
A Lien creates a new and additional source to recover payment of the debt. For example, in the event of nonpayment, your first line of recovery would typically be a breach of contract claim against the party who hired you. However, if you timely and properly file a Lien against the Property, then you will have the following additional rights and protections: (1) to file a Lawsuit to foreclose on the Lien and force a sale of the Property; (2) a Lien against any funds held by the Property Owner and due to the General Contractor; (3) the right to be paid directly by the Property Owner if the General Contractor does not timely dispute the amount owed in writing; and (4) if the Property Owner pays the General Contractor after receiving a timely Pre-Lien Notice (with “fund trapping” language), then the potential right to force the Property Owner to pay twice for your work. The “Lien Process” is also an excellent way to gain leverage in negotiating a resolution of the debt. Moreover, if you file a Lawsuit and prevail on foreclosing on the Lien on a commercial project, then you are entitled to recover all reasonable attorneys’ fees and costs.
How Long Should I Wait Before I Begin the Lien Process on a Project?
One of the most common mistakes made is to assume that you will be paid for your work. The better approach is to assume that you will not be paid and to make it a business practice to timely serve all Pre-Lien Notices and file your Lien Affidavits well before your deadlines. Remember, a Pre-Lien Notice does not need to be an adversarial demand for payment, but instead can be drafted in a manner that simply informs the Property Owner and the General Contractor that there is an unpaid balance owed and that the Notice is being sent to comply with the mandatory Texas Lien Statutes.
What are the Steps for Filing a Mechanic’s Lien?
The mandatory steps to perfect a Mechanic’s Lien against either a residential or commercial property include: (1) serving the Property Owner and General Contractor with a Pre-Lien Notice if you were not hired by the Property Owner or the Property Owner’s agent (you are not required to serve a pre-lien notice if hired by the Property Owner); (2) file a Lien Affidavit with the County Clerk’s Office; (3) serve the Lien Affidavit on the Property Owner and the General Contractor. To increase the probability of being paid, the Lien Affidavit should be sent as an enclosure to a strong Payment Demand Letter that addresses the Texas Trust Fund Statute, the Texas Prompt Payment Act, and possibly the Deceptive Trade Practices Act.
What is the Deadline to Serve a Pre-Lien Notice?
If you were hired by the Property Owner or the Property Owner’s Agent, then you are not required to serve a Pre-Lien Notice before filing a Lien.
- Commercial Projects: If you were hired by the General Contractor, then you must serve the Property Owner and the General Contractor with a Pre-Lien Notice by no later than the 15th day of the third month, for each and every month that you provide unpaid labor or materials to the Project. Subcontractors and/or Material Suppliers hired by a Subcontractor (also known as Second-Tier Subcontractors) are required to serve an additional Pre-Lien Notice to the General Contractor by no later than the 15th day of the second month from providing unpaid labor/material to the Project before serving the above notice. However, these two notices can be combined into one notice if served by the earlier of the two dates.
- Residential Projects: If you were hired by the General Contractor, then you must serve the Property Owner and the General Contractor with a Pre-Lien Notice by no later than the 15th day of the second month, for each and every month that you provide unpaid labor or materials to the Project.
What Is the Deadline for Filing a Lien?
- Commercial Projects: At the very latest, the Lien Affidavit must be filed with the County Clerk’s Office in the county where the Property is located by no later than the 15th day of the fourth calendar month from when the contract is terminated in writing, has been completed, finally settled, or abandoned.
- Residential Projects: At the very latest, the Lien Affidavit must be filed with the County Clerk’s Office in the county where the Property is located by no later than the 15th day of the third calendar month from when the contract is terminated in writing, has been completed, finally settled, or abandoned.
- Exception: If you were hired by the Property Owner and performed work on the structure, then you may be entitled to a Constitutional Lien which can be filed up to four years from the date that you completed the work.
