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Yes, contractors and suppliers can file a mechanics lien on a homestead in Texas. However, they must meet additional requirements in order to retain their right to claim a lien.

Any person claiming a lien shall apply therefor to the circuit court of the circuit where the property is situated. Such ?Application For A Lien? shall be accompanied by a written ?Notice Of Lien? setting forth the alleged facts by virtue of which the person claims a lien.

Generally, the project owner will file the NOC with the county clerk or recorder's office. The form may ask for some or all of the following information: Name and address of the owner. Name and address of the general contractor.

A mechanics lien can be recorded after 4 months and within 2 years of the last date of work but it will only be good against the original owner. Furthermore, subcontractors, those that are hired by a general contractor, must submit notice of their lien claim within 90 days of their last date of furnishing.

Timing for Filing Lien Affidavits Remains Unchanged Original contractors must file the lien affidavit by the 15th day of the fourth month (for commercial projects) or the third month (for residential projects) after the month in which the work was completed, terminated, or abandoned.

For the most part, all contractors, subcontractors, laborers, design professionals, materials suppliers, and equipment suppliers who provide labor or materials to a property in Texas are not required to have a written contract (a verbal contract is sufficient) to qualify for the right to file a lien.