Filing deadline

Lien Affidavit recorded with the county clerk where the property lies. General deadline: 15th day of the fourth calendar month after the claimant completes its own work (third month for residential). Subcontractor retainage-only claims (post-2022 contracts): 15th day of the third month after project completion/abandonment; pre-2022 contracts have layered 30/40-day alternatives. Deadlines run from the claimant's last contract work, not project completion (except for original contractors), and corrective work does not extend them.

Notice prerequisites

No pre-work notice is needed. All claimants except the original contractor must send monthly fund-trapping notices: for prime contracts signed after 1/1/2022, one Notice of Claim for Unpaid Labor or Materials by certified mail to the owner and original contractor by the 15th day of the third month after each unpaid month of work (2nd month on residential). Pre-2022 projects additionally require a second-month notice from sub-subcontractors/suppliers to the original contractor. Subcontractors with contractual retainage should send a Notice of Claim for Unpaid Retainage within 30 days of finishing or termination of their subcontract.

Service on the owner

A copy of the filed Lien Affidavit must go by certified mail to the owner (and, for derivative claimants, to the original contractor) within 5 days after filing; missing this window voids the lien. Filing comes first, service after. All notice letters go by certified mail.

Enforcement

Foreclosure suit in the county of the project. Post-1/1/2022 contracts: single 1-year limitations period (matching the prior residential rule). Pre-2022 projects: later of 2 years from the affidavit deadline or 1 year from completion/termination of the whole project. Attorney fees available to the prevailing party.

Tex. Prop. Code ch. 53 (esp. 53.021, 53.054-53.056, 53.055, 53.201); Tex. Const. art. XVI (constitutional lien); trust funds Tex. Prop. Code 162.001.