When must an original contractor file a mechanic's lien affidavit in Texas on a non-residential project?

For projects other than residential construction projects, the affidavit must be filed not later than the 15th day of the fourth month after the month in which the original contractor's work was completed, terminated, or abandoned.

Are the deadlines shorter for residential construction projects?

Yes. For a residential construction project, a claimant other than an original contractor must file the affidavit not later than the 15th day of the third month after the later of the month the claimant last provided labor or materials, and the derivative-claimant notice must be sent by the 15th day of the second month.

Mechanics Lien Deadlines in Texas

Texas Property Code Chapter 53 sets who may claim a mechanic's lien and the notice, affidavit-filing, and foreclosure-suit deadlines that a claimant must meet.

In Texas, mechanic's, contractor's, and materialman's liens are governed by Chapter 53 of the Property Code. The statute identifies who is entitled to a lien, requires derivative claimants to send notice of unpaid amounts, sets a deadline for filing the lien affidavit with the county clerk, imposes shorter timelines for residential construction projects, and fixes a period for bringing suit to foreclose the lien. The rules below cite the current statutory text.

Filing and enforcing a mechanic's lien in Texas

A person has a lien under Chapter 53 if, under a contract with the owner or the owner's agent, trustee, receiver, contractor, or subcontractor, the person labors or furnishes labor or materials for construction or repair of an improvement. ¹

Suit must be brought to foreclose the lien not later than the first anniversary of the last day a claimant may file the lien affidavit under Section 53.052. ²

To fix a lien on a homestead, the person who is to furnish material or perform labor and the owner must execute a written contract setting forth the terms of the agreement. ³

Any waiver and release of a lien or payment bond claim under Chapter 53 is unenforceable unless the waiver and release is executed and delivered in accordance with the subchapter governing waivers. ⁴

Sources

A person has a lien if, under a contract with the owner or the owner's agent, trustee, receiver, contractor, or subcontractor, the person labors or furnishes labor or materials for construction or repair of an improvement.
Tex. Prop. Code 53.021Property Code Chapter 53, Sec. 53.021 Persons Entitled to LienVerified August 4, 2026↑
Suit must be brought to foreclose the lien not later than the first anniversary of the last day a claimant may file the lien affidavit under Section 53.052.
Tex. Prop. Code 53.158Property Code Chapter 53, Sec. 53.158 Period for Bringing Suit to Foreclose LienVerified August 4, 2026↑
To fix a lien on a homestead, the person who is to furnish material or perform labor and the owner must execute a written contract setting forth the terms of the agreement.
Tex. Prop. Code 53.254Property Code Chapter 53, Sec. 53.254 Contractual Requirements for Lien on HomesteadVerified August 4, 2026↑
Any waiver and release of a lien or payment bond claim under this chapter is unenforceable unless the waiver and release is executed and delivered in accordance with the subchapter governing waivers.
Tex. Prop. Code 53.281Property Code Chapter 53, Sec. 53.281 Waiver and Release of Lien or Payment Bond ClaimVerified August 4, 2026↑

Frequently asked questions

When must an original contractor file a mechanic's lien affidavit in Texas on a non-residential project?: For projects other than residential construction projects, the affidavit must be filed not later than the 15th day of the fourth month after the month in which the original contractor's work was completed, terminated, or abandoned.
Are the deadlines shorter for residential construction projects?: Yes. For a residential construction project, a claimant other than an original contractor must file the affidavit not later than the 15th day of the third month after the later of the month the claimant last provided labor or materials, and the derivative-claimant notice must be sent by the 15th day of the second month.
How long do I have to foreclose a Texas mechanic's lien?: Suit must be brought to foreclose the lien not later than the first anniversary of the last day a claimant may file the lien affidavit under Section 53.052.

This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.