Texas Mechanic's Lien Deadlines: Notices and Filing Dates

Which set of rules applies to my project?

The date of the original contract between the owner and the general contractor decides it, not the date of your own subcontract. House Bill 2237 rewrote the notice and deadline sections of Property Code chapter 53 effective January 1, 2022, and the new rules apply to projects whose original contract was entered into on or after that date. A project under an original contract signed in 2021 is still governed by the earlier version, which had a separate second-month notice on commercial jobs and different retainage notices. This article states the current rules as of 2026; if the prime contract predates 2022, have counsel check the old text.

Two terms matter throughout. A residential construction project is work on a house, duplex, triplex, fourplex or condominium unit that an owner uses or intends to use as a dwelling (§ 53.001); apartments built for an investor are non-residential for these deadlines. An original contractor contracted directly with the owner; everyone else is a derivative claimant and has an extra notice step.

The deadlines in one table

The affidavit deadline is a last day, not a target. Nothing stops a claimant from filing as soon as a payment is late, and early filing avoids the argument over which month the work ended.

How do I count the months?

Start with the calendar month in which the unpaid work was performed. Count forward the stated number of months. The deadline is the 15th of that month. Suppose a subcontractor's last unpaid work on a commercial project was in March. The notice of claim for March is due by June 15 (the third month after March). The lien affidavit is due by July 15 (the fourth month after March). Work performed in April has its own notice deadline of July 15, so a claimant unpaid for several months sends a notice for each month or a combined notice before the earliest date runs.

If the last day falls on a Saturday, Sunday or legal holiday, the period extends to the next day that is not one of those (§ 53.003(e)). Do not rely on that extension if you can avoid it; a county clerk's office closed for an unexpected reason is a bad place to learn how a court will treat a filing the following day.

How must the notices be delivered?

In person, by certified mail, or by any other traceable private delivery or mailing service that can confirm proof of receipt (§ 53.003(b)). A notice sent by certified mail is considered given when deposited in the mail, properly addressed and stamped (§ 53.003(c)), so the mailing date, not the receipt date, is what must fall on or before the 15th. Keep the receipt. A notice the recipient actually receives is effective however it was sent (§ 53.003(d)), but proving actual receipt of an email is harder than producing a certified mail receipt.

Since 2022 the notice of claim must be in substantially the form the statute prints, with the project, claimant, type of work, original contractor, the party the claimant contracted with, the amount and the claimant's contact details (§ 53.056(a-2)). An invoice may be attached but does not replace the form.

Does the retainage notice replace the monthly notice?

No. They cover different money. The monthly notice of claim covers unpaid progress payments. The retainage notice covers the contractual retainage the claimant's own contract lets the hiring party hold back, to the extent that amount was not already included in a monthly notice (§ 53.057(a)). A subcontractor who sends timely monthly notices but never sends the retainage notice can lose the lien on the retainage, which is often the largest unpaid piece at the end of a job. The retainage notice is due within 30 days of the claimant's own contract ending, which can be months before the project ends.

Example

Suppose an electrical subcontractor on a non-residential project in Dallas finishes its scope on September 20 and is owed its August and September progress billings plus ten percent retainage. The notice of claim for August is due November 15; for September, December 15. The retainage notice is due October 20, the 30th day after its contract was completed. The lien affidavit for the progress billings is due January 15, the fourth month after September; the affidavit for retainage is due the 15th day of the third month after the month the original contract is completed, which may be later. Suit to foreclose must be filed within a year after each affidavit's last filing day.

What if a deadline was missed?

The lien is lost for that money, but the debt is not. A claimant who missed the notice or affidavit deadline still has a breach of contract claim against the party that hired it, and possibly a claim under the Prompt Payment Act or the Construction Trust Fund Act. The owner's property is simply no longer security. Owners who receive a late lien affidavit have a summary procedure to remove it, which removing an invalid lien from Texas property describes.

Some deadlines cannot be rescued by filing again. An affidavit filed after the statutory date is late no matter how many times it is re-recorded. The suit deadline in § 53.158 is a limitations period, and a suit filed only to clear a lien after it expires does not revive the claimant's right to foreclose (§ 53.158(a-1)).

Related dates that are not lien deadlines

• Owner's reserved funds: ten percent of the contract price, held during the work and for 30 days after completion (§ 53.101). A claimant who wants a share of that fund must perfect its lien within that window or send the notices on time.
• Public projects: no lien on government property; payment bond notices under Government Code chapter 2253 have their own calendar. Payment bond claims on Texas public projects covers it.
• Prompt Payment Act: owner pays within 35 days of a pay request, contractor pays subcontractors within seven days of receiving payment, on private projects (Tex. Prop. Code § 28.002). These are payment deadlines that trigger interest, not lien deadlines.

For what the lien does once perfected, and the owner's side of the ledger, see how mechanic's liens work in Texas. Tina Wysk advises contractors and owners on lien perfection and lien defense in Dallas–Fort Worth.