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CURRENT RULES. The general rule is that a contractor does not need a written contract to file a Texas mechanics liens. However, a written contract is required for all Texas mechanics lien claimants working on residential, homestead projects.
For a residential construction project, you must file the lien affidavit no later than the 15th day of the 3rd month after the day the indebtedness accrues. Indebtedness accrues on the last day of the month when the original contract is (a) terminated, (b) completed, (c) finally settled, or (d) abandoned.
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.
To perfect its lien, the lender must record or file the mortgage with the appropriate legal authority. Usually, the mortgage is recorded in the land records in the county where the property is located.
If the contractor isn't paid, he can sue on the contract and record a mechanic's lien. But subcontractors, workers and suppliers don't have a contract with the property owner.