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In all cases, Texas requires that you send a separate pre-lien notice for each month you're not paid, or you will forfeit your right to file a mechanics lien for that month's work.

Mechanics lien, which is also called a mechanics lien affidavit or lien affidavit, is an official document that asserts a lien against a property for your work when you have not been paid. When appropriately filed, the lien affidavit becomes a public record.

Direct 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.

A lien is a document that gets publicly filed in the Texas county clerk's office, in the county where your property is located. There are 254 counties in Texas, more than any other state. The contractor would file the lien in the county where your home is (not necessarily the county where the business is based).

Deposit the Lien Amount with the Court: A lien can be removed from the property if you file a lawsuit and deposit the lien amount into the court's registry. This allows the parties to litigate the validity of the claim, without the lien encumbering the property.

For the most part, all contractors, subcontractors, laborers, 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 agreement is sufficient) to qualify for the right to file a lien.

Last updated May 16, 2022. If contractors and suppliers don't get paid on a construction project in Texas, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.

Deposit the Lien Amount with the Court: A lien can be removed from the property if you file a lawsuit and deposit the lien amount into the court's registry. This allows the parties to litigate the validity of the claim, without the lien encumbering the property.

Lien waivers act as a receipt for funds for the receiving party. They specify that the party waives their right to file a mechanics lien. As a result, they protect the property owner from lien claims on their property.

Fill out your lien form with complete, accurate details. Bring your Affidavit of Lien to the county recorder's office in the county where the property is located, and pay the lien recording fee. After recording a Texas mechanics lien, claimants must provide notice to the property owner and GC within 5 days of filing.