Mechanic’s Liens in Texas
Q: Who Can File a Mechanic’s Lien?
A: Original contractors, subcontractors, material suppliers, specialty material fabricators, design professionals, and landscapers all have the right to file a mechanics lien if they do not receive payment.
Q: Can You File a Mechanic’s Lien if You are Unlicensed?
A: There are no specific licensing requirements for contractors to secure lien rights in Texas. However, design professionals such as architects, engineers, and surveyors must be licensed, if required, to be eligible to file a mechanic’s lien.
Q: What is the Deadline to File a Mechanic’s Lien?
A: For Original contracts entered into on or after 1/1/22:
Commercial projects: Contractors must file their lien no later than the 15th day of the 4th month after the month their contract was completed, terminated, or abandoned. All other parties must file their lien no later than the 15th day of the 4th month after the month they last furnished labor and/or materials to the project; or the 15th day of the 4th month after the month the claimant would normally have been required to deliver the last of the specially fabricated materials that have not actually been delivered.
Residential projects: Contractors must file their lien no later than the 15th day of the 3rd month after the month their contract was completed, terminated, or abandoned. All other parties must file their lien no later than the 15th day of the 3rd month after the month they last furnished labor and/or materials to the project; or the 15th day of the 3rd month after the month the claimant would normally have been required to deliver the last of the specially fabricated materials that have not actually been delivered.
Q: Can a Mechanic’s Lien be Filed on Homestead in Texas?
A: Yes, contractors and suppliers can file a mechanic’s lien on a homestead in Texas; however, they must meet additional requirements to retain their right to claim a lien (a written contract, signed by both spouses (if married), executed prior to any work on the project, and filed with the county clerk. In addition, Texas requires claimants to inform the property owner of their rights and responsibilities using specific language).
Q: Can You Include Attorney’s Fees, Collection Costs and Other Sums in the Mechanic’s Lien?
A: No, any amount unrelated to the value of the labor and/or materials furnished may not be included in the lien amount in Texas.