25 Jun How to File a Mechanic’s Lien on Residential and Non-Residential Projects in Texas… by Monica Garza-Hovel

Mechanic’s liens are powerful legal tools that ensure contractors, subcontractors, laborers, and suppliers receive payment for work or materials provided on construction projects. In Texas, strict requirements govern the filing and perfection of these liens, especially on residential properties.

This article outlines the step-by-step process for properly filing mechanic’s liens on both homesteads and non-homestead properties in Texas, helping all parties—contractors, suppliers, and property owners—understand their rights and obligations.

Who Can File a Mechanic’s Lien in Texas?

Under Texas law, the right to file a statutory mechanic’s lien is available to:

• General contractors
• Subcontractors
• Material suppliers
• Laborers
• Licensed architects, engineers, and surveyors
• Landscapers
• Demolition professionals

These parties must have provided labor or materials under a contract with the owner or someone acting on the owner’s behalf, such as a general contractor or subcontractor.

Filing a Mechanic’s Lien on a Homestead (Residential Property)

Step 1: Execute a Written Contract

• A written contract must be signed before any labor is performed or materials are supplied.
• Both spouses must sign the contract if the property owner is married.
• The contract benefits all downstream subcontractors and suppliers.

Step 2: File the Contract with the County Clerk

• Record the signed contract with the county clerk in the county where the property is located.

Step 3: Prepare an Affidavit of Lien

Include the following in the affidavit:

• Header Notice: “NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN.”
• Sworn statement of the amount due.
• Names and addresses of the owner, original contractor, and the hiring party.
• Description of labor performed and materials provided.
• For subcontractors/suppliers: a statement of work or materials provided each month
• Property description and claimant’s contact details.

Optional: Attach a copy of the contract and any notices sent to the owner.

Step 4: File the Affidavit

• File the affidavit with the county clerk by the 15th day of the third month after the last work was performed or materials delivered.

Step 5: Notify the Homeowner

• Send a copy of the filed affidavit to the owner within 5 days of filing.
• Deliver in person or via certified mail.
• Include the statutory lien warning statement to inform the owner of their rights and responsibilities regarding payments and retainage.

Filing a Mechanic’s Lien on a Non-Homestead Property

Step 1: Prepare an Affidavit of Lien

Include the same information as for a homestead lien:

• Amount of claim
• Parties involved
• Work description
• Property description
• Claimant’s contact information

Optional: Include the contract and prior notices.

Step 2: File the Affidavit with the County Clerk

For original contractors:

• File by the 15th day of the third month for residential projects.
• File by the 15th day of the fourth month for non-residential projects.

For subcontractors/suppliers:

• File by the 15th day of the fourth month after last supplying labor/materials or scheduled delivery of undelivered specially fabricated materials.
• For residential projects: file by the 15th day of the third month.
• For retainage claims: file by the 15th day of the third month after the original contract ends.

Step 3: Notify the Property Owner and Original Contractor

• Send the affidavit to the owner within 5 days of filing.
• Subcontractors/suppliers must also send it to the original contractor.
• Notice must be: 1. Delivered in person or by certified mail; 2. Include a detailed “NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIALS” or “NOTICE OF CLAIM FOR UNPAID RETAINAGE” depending on the nature of the claim; and 3) These notices outline project details, claim amount, and the claimant’s contact information

Filing a mechanic’s lien in Texas is a highly technical process with strict deadlines and content requirements. Missing even one step could invalidate your claim. Whether you’re a general contractor, supplier, or property owner, understanding these procedures is crucial for protecting your financial interests.

If you’re unsure whether your lien is compliant or if you need help preparing documentation, it’s wise to consult with an attorney experienced in Texas construction law.

By Monica Garza-Hovel, Attorney at KMD Law