Texas Construction Lien Resources
Monthly notices by the 15th. Lien by the 15th of the 4th month. Everything a contractor, subcontractor or supplier needs to protect lien rights in Texas.
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Notice of claim for each unpaid month (2nd month residential)
Retainage notice after your contract ends
File the lien affidavit (3rd month residential)
Suit after the last day to file the affidavit
Texas deadline calculator
Enter your dates and see every deadline in order. Red rows are the ones that can cost you the lien.
How a Texas lien comes together
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Each month you’re unpaid
Send the notice of claim
Subcontractors and suppliers send notice to the owner and original contractor by the 15th day of the 3rd month after the month the work or material was furnished (2nd month on residential projects).
Tex. Prop. Code 53.056
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30 days after your contract ends
Send the retainage notice
If your contract has retainage not covered by an earlier notice, send notice to the owner and original contractor by the 30th day after your contract, or the original contract, is completed, terminated or abandoned (whichever is earlier).
Tex. Prop. Code 53.057
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15th of the 4th month
File the lien affidavit
File with the county clerk by the 15th day of the 4th month after the month of last furnishing (3rd month on residential).
Tex. Prop. Code 53.052
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5 days after filing
Send a copy of the affidavit
Send to the owner, and to the original contractor if you’re not the original contractor.
Tex. Prop. Code 53.055
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1 year after the filing deadline
File suit to foreclose
Measured from the last day you could have filed the affidavit. A recorded written agreement with the owner can extend it up to 2 years after filing.
Tex. Prop. Code 53.158
The Texas rules, abstracted
A working summary of the Mechanic’s, Contractor’s or Materialman’s Lien for notice, recording and enforcement.
Which rules apply
Chapter 53 was overhauled by H.B. 2237 for original contracts entered into on or after January 1, 2022. This summary covers the current rules. Older projects may fall under the prior version.
Who has lien rights
Original contractors (in direct contract with the owner) and derivative claimants: subcontractors and suppliers at any tier who furnish labor or material for the project.
Notice of claim for unpaid amounts
Derivative claimants send notice to the owner or reputed owner and the original contractor by the 15th day of the 3rd month after each month unpaid work or material was furnished. On residential projects, the 15th day of the 2nd month. The statute prescribes the content and allows an invoice to be attached.
Retainage
If retainage isn’t covered by an earlier notice, send a retainage notice by the earlier of the 30th day after your contract, or the original contract, is completed, terminated or abandoned.
Lien affidavit
File with the county clerk by the 15th day of the 4th month after the month of last furnishing (3rd month for residential). Original contractors count from the month the original contract was completed, terminated or abandoned. Send a copy to the owner, and to the original contractor, within 5 days after filing.
Service rules
Deliver in person, by certified mail, or by any traceable private delivery that confirms receipt. Certified mail is compliant on deposit in the mail. If a deadline lands on a weekend or legal holiday, it moves to the next business day.
Enforcement
Suit must be filed by the first anniversary of the last day you could file the lien affidavit. A recorded written agreement with the owner can extend that to 2 years after filing.
Homesteads
A lien on a homestead needs a written contract signed before work starts, signed by both spouses if married and filed with the county clerk, and the affidavit must carry the statutory "NOTICE: THIS IS NOT A LIEN" heading (Tex. Prop. Code 53.254).
Where Texas liens go wrong
- Sending one notice at the end of the job. Texas notices run month by month.
- Counting days instead of months. The deadline is the 15th of a month, not day 90.
- Forgetting the separate retainage notice.
- Filing on a homestead without the pre-work written contract.
What do I need to send?
- Notice of claim for each unpaid month
- Retainage notice within 30 days of contract end
- Lien affidavit by the 15th of the 4th month (3rd residential)
- Copy of affidavit to owner and original contractor within 5 days
- No monthly notice of claim
- Lien affidavit by the 15th of the 4th month after completion (3rd residential)
- Copy of affidavit to owner within 5 days
- Homestead: written contract before work
- Watch for monthly notices and hold funds as required
- Collect statutory waiver and release forms
- Track the 1-year foreclosure window
Public projects: payment bonds
You can’t lien public property. On state and local jobs, your security is the contractor’s payment bond under the Tex. Gov’t Code Chapter 2253.
- Mail notice of the claim to the prime contractor and surety by the 15th day of the 3rd month after each month labor was performed or material delivered.
- Claimants without a direct contract with the prime contractor have added notice rules, including a retainage notice by the 15th day of the 2nd month after work begins.
- Suit on the payment bond can’t be brought after the first anniversary of the date the claim notice was mailed.
Tex. Gov’t Code 2253.041, 2253.047, 2253.078
Lien waivers
A Texas waiver and release is enforceable only if it substantially complies with one of the statutory forms in Section 53.284: conditional and unconditional versions for progress and final payment.
Tex. Prop. Code 53.281, 53.284
Federal projects
The Miller Act governs federal jobs in every state. Second-tier claimants give written notice to the prime contractor within 90 days after last furnishing; suit within 1 year after last furnishing.
40 U.S.C. 3133
Read the Texas law
We link to the official statute instead of hosting a copy, so you always read the current version. Our summaries were last checked against these sources on September 29, 2026.
Texas services
Flat pricing per document. Premium members pay less on every filing.
Basic: free with signup. Premium: $299 per year.
Basic Membership
Create your free LienNow account to access all our services at standard pricing. No cost, no commitment. Sign up in minutes and start filing right away at our standard pricing. It’s a good fit for contractors and suppliers who file occasionally.
Premium Membership
Premium includes everything in Basic, plus discounted pricing across our service offerings. If you file notices or liens regularly, the savings can quickly cover the annual fee.
| Service | Premium | Basic |
|---|---|---|
| Retainage notice | Starting at $55 | Starting at $90 |
| Monthly notice of claim (per unpaid month) | Starting at $55 | Starting at $90 |
| Lien affidavit: prepare, record and serve | Starting at $250 | Starting at $425 |
| Lien release / discharge | Starting at $110 | Starting at $165 |
| Public job bond notice or claim | Starting at $210 | Starting at $375 |
| Additional bond notice | Starting at $75 | Starting at $110 |
| Miller Act bond notice or claim (federal jobs) | Starting at $195 | Starting at $350 |
| Title search and legal description | Starting at $300 | Starting at $350 |
| Rush service (within 7 business days) | Starting at $75 | Starting at $150 |
| Same-day service (24-hour turnaround) | Starting at $125 | Starting at $200 |
| Electronic recording (e-file) | Starting at $45 | Starting at $75 |
Prices are LienNow service fees per document. County recording fees, state registry or portal fees, certified mail, postage and notary fees are billed at cost. Court actions to enforce a lien are handled by an attorney and are not included.
Texas lien questions
Do I need a notice every month in Texas?
Yes, for each month you furnished work or material and weren’t paid, by the 15th day of the 3rd month after (2nd month on residential projects).
When is the Texas lien deadline?
The 15th day of the 4th month after the month of last furnishing, or the 3rd month on residential projects.
What if the deadline lands on a weekend?
Texas moves it to the next day that isn’t a Saturday, Sunday or legal holiday.
How long do I have to sue?
Until the first anniversary of the last day you could file the lien affidavit, extendable to 2 years by recorded agreement with the owner.
Working a Texas job?
Send us the job. We prepare, serve and record your Texas notices and liens, and track every deadline.
The information on this page is general information about Texas law as of the review date shown. It is not legal advice, and LienNow is not a law firm. Deadlines depend on the facts of each project. Consult a licensed Texas attorney about your specific situation.