Texas Lien Laws

In the state of Texas, complex procedures, and timelines for securing right to lien on projects is established in the state codification of lien laws. Any individual involved in the construction or building industry should be aware of these lien laws, which deal with prime contractors, sub contractors, and materials suppliers. Without exactly following lien law procedures, contractors and suppliers may lose their right to enforce claims on liens in the event of non-payment.

Primary Contractors in Texas

Primary contractors in the state of Texas are not required by law to provide preliminary notice. In order to make claims of lien, primary contractors must file affidavit of lien on the fifteenth (15th) of the fourth (4th) month that payment has been owed by owner. Additionally, prime contractors need to send notice of lien within five (5) days of filing. Legal action to foreclose on lien claims requires the action take place within two (2) years of last date on jobsite or within one (1) year of completing or abandoning project, or whichever over comes later.

Sub Contractors in Texas

Like primary contractors, sub contractors in Texas are not required by law to provide preliminary notice to secure right to lien. Additionally like prime contractors, sub contractors wishing to lay claim on liens must:

  • File affidavit of lien on fifteenth (15th) of fourth (4th) month of indebtedness by project owner and provide copy to owner no more than five (5) days later
  • Notice of non-payment must be offered every third (3rd) month to owner and prime of works performed for which non-payment is still occurring
  • Notice of non-payment offered to prime contractor on fifteenth (15th) of second (2nd) month non-payment for services has occurred
  • Actions to foreclose must begin within two (2) years of last date lien affidavit filed or within one (1) year of finishing or terminating project contract agreement with owner

Materials Suppliers in Texas

Materials suppliers follow the exact same protocol for establishing lien claims as sub contractors and prime contractors, which is noted above. However, the only notable difference is that materials suppliers must provide notice of non-payment on a monthly basis of all outstanding monies owed to material supplier.

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