Texas mechanics lien deadlines: notice, lien and suit (2026)
By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer
Under Tex. Prop. Code § 53.052(a)(1), a direct contractor's lien filing deadline on a project other than residential is the 15th day of the 4th month after the month in which the original contractor's work was completed, terminated, or abandoned. For every role and project type, § 53.158 sets the deadline to sue: The first anniversary of the last day a claimant may file the lien affidavit under Section 53.052.
Texas · Lien deadlinesVerified 2026-10-01
Lien filing
the 15th day of the 4th month after the month in which the original contractor's work was completed, terminated, or abandoned
Direct contractor · Other than residential projects
Preliminary notice
Other than residential: Subcontractor, Sub-subcontractor, Supplier, Laborer: Due for each month in which labor or materials were provided or undelivered specially fabricated materials would normally have been delivered: the 15th day of the third month after that month; Residential: Subcontractor, Sub-subcontractor, Supplier, Laborer: Due for each month in which labor or materials were provided or undelivered specially fabricated materials would normally have been delivered: the 15th day of the second month after that month.
Deadline to sue
The first anniversary of the last day a claimant may file the lien affidavit under Section 53.052
Due for each month in which labor or materials were provided or undelivered specially fabricated materials would normally have been delivered: the 15th day of the third month after that month.
Due for each month in which labor or materials were provided or undelivered specially fabricated materials would normally have been delivered: the 15th day of the second month after that month.
What the statute says about it. A claimant other than an original contractor must give the notice for the lien to be valid.
Subcontractor, Sub-subcontractor, Supplier
Any
For a claim for unpaid retainage
The earlier of the 30th day after the claimant's contract is completed, terminated or abandoned and the 30th day after the original contract is terminated or abandoned.
a claimant other than an original contractor must give the notice prescribed by Subsections (a-1) and (a-2) for the lien to be valid
Tex. Prop. Code § 53.056(a) · Official text · retrieved 2026-09-30
for projects other than residential construction projects, not later than the 15th day of the third month after the month during which: (A) the labor or materials were provided; or (B) the undelivered specially fabricated materials would normally have been delivered
Tex. Prop. Code § 53.056(a-1)(1) · Official text · retrieved 2026-10-01
for residential construction projects, not later than the 15th day of the second month after the month during which: (A) the labor or materials were provided; or (B) the undelivered specially fabricated materials would normally have been delivered.
Tex. Prop. Code § 53.056(a-1)(2) · Official text · retrieved 2026-10-01
The claimant must send the notice of claim for unpaid retainage to the owner or reputed owner and the original contractor not later than the earlier of: (1) the 30th day after the date the claimant's contract is completed, terminated, or abandoned; or (2) the 30th day after the date the original contract is terminated or abandoned.
Tex. Prop. Code § 53.057(a-1) · Official text · retrieved 2026-10-01
Lien filing
Who
Project type
Branch
Deadline
Statute
Direct contractor
Other than residential
Default
the 15th day of the 4th month after the month in which the original contractor's work was completed, terminated, or abandoned
the 15th day of the 4th month after the month in which the claimant last provided labor or materials or would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered, whichever is later
the 15th day of the 3rd month after the month in which the claimant last provided labor or materials or would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered, whichever is later
the 15th day of the 3rd month after the month in which the original contract under which the claimant performed was completed, terminated, or abandoned
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
Tex. Prop. Code § 53.052(a)(1) · Official text · retrieved 2026-09-30
for residential construction projects, not later than the 15th day of the third month after the month in which the original contractor's work was completed, terminated, or abandoned
Tex. Prop. Code § 53.052(a)(2) · Official text · retrieved 2026-09-30
(b) Except as provided by Subsection (c) or (d), a claimant other than an original contractor claiming the lien must file an affidavit with the county clerk not later than the 15th day of the fourth month after the later of: (1) the month the claimant last provided labor or materials; or (2) the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered.
Tex. Prop. Code § 53.052(b) · Official text · retrieved 2026-09-30
(c) A claimant other than an original contractor claiming a lien arising from a residential construction project must file an affidavit with the county clerk not later than the 15th day of the third month after the later of: (1) the month the claimant last provided labor or materials; or (2) the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered.
Tex. Prop. Code § 53.052(c) · Official text · retrieved 2026-09-30
A claimant other than an original contractor claiming a lien for retainage must file an affidavit with the county clerk not later than the 15th day of the third month after the month in which the original contract under which the claimant performed was completed, terminated, or abandoned.
Tex. Prop. Code § 53.052(d) · Official text · retrieved 2026-09-30
Service of the lien
Who
Project type
Branch
Deadline
Statute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, Laborer
What the statute says about it.Recipients: The owner or reputed owner; The original contractor as well, when the claimant is not an original contractor.
A person who files an affidavit must send a copy of the affidavit to the owner or reputed owner at the owner's last known business or residence address not later than the fifth day after the date the affidavit is filed with the county clerk.
Tex. Prop. Code § 53.055(a) · Official text · retrieved 2026-10-01
If the person is not an original contractor, the person must also send a copy of the affidavit to the original contractor at the original contractor's last known business or residence address within the same period.
Tex. Prop. Code § 53.055(b) · Official text · retrieved 2026-10-01
Deadline to sue
Who
Project type
Branch
Deadline
Statute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, Laborer
Any
Default
The first anniversary of the last day a claimant may file the lien affidavit under Section 53.052
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 § 53.158(a) · Official text · retrieved 2026-09-30
Notice of commencement and completion
If an owner's affidavit of completion is filed after the 10th day after completion, the date it is filed is the date of completion for the purposes of Subchapter E, on funds the owner must reserve, except as to a person to whom the owner did not send a copy as the section requires.
If the affidavit is filed after the 10th day after the date of completion, the date of completion for purposes of this subchapter is the date the affidavit is filed.
Tex. Prop. Code § 53.106(d) · Official text · retrieved 2026-09-30
Residential projects
A residential construction project is a project for the construction or repair of a new or existing residence, including improvements appurtenant to it, under a contract between the owner and a contractor to construct or repair the owner's residence. A residence is the real property and improvements for a single-family house, duplex, triplex or quadruplex, or a condominium or cooperative unit, owned by one or more adults and used or intended to be used as a dwelling by one of the owners.
"Residential construction project" means a project for the construction or repair of a new or existing residence, including improvements appurtenant to the residence, as provided by a residential construction contract.
Tex. Prop. Code § 53.001(10) · Official text · retrieved 2026-09-30
"Residential construction contract" means a contract between an owner and a contractor in which the contractor agrees to construct or repair the owner's residence, including improvements appurtenant to the residence.
Tex. Prop. Code § 53.001(9) · Official text · retrieved 2026-09-30
"Residence" means the real property and improvements for a single-family house, duplex, triplex, or quadruplex or a unit in a multiunit structure used for residential purposes in which title to the individual units is transferred to the owners under a condominium or cooperative system that is: (A) owned by one or more adult persons; and (B) used or intended to be used as a dwelling by one of the owners.
Tex. Prop. Code § 53.001(8) · Official text · retrieved 2026-09-30
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.
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
Tex. Prop. Code § 53.254(a) · Official text · retrieved 2026-09-30
Before the owner executes a residential construction contract, the original contractor must deliver a disclosure statement to the owner.
Before a residential construction contract is executed by the owner, the original contractor shall deliver to the owner a disclosure statement
Tex. Prop. Code § 53.255(a) · Official text · retrieved 2026-09-30
How the days are counted
The day of the event is not counted, and the last day of the period is.
In computing a period of days, the first day is excluded and the last day is included.
Tex. Gov't Code § 311.014(a) · Official text · retrieved 2026-09-30
The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.
Tex. Prop. Code § 1.002 · Official text · retrieved 2026-10-01
A last day that falls on a Saturday, a Sunday or a legal holiday moves to the next day that is not one.
In determining the deadline or computing the period of days in which to provide a notice or to take any action required under this chapter, if the deadline or the last day of the period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.
Tex. Prop. Code § 53.003(e) · Official text · retrieved 2026-09-30
Who the deadlines apply to
Chapter 53 of the Texas Property Code sorts its lien deadlines by the claimant's role and by whether the job is a residential construction project. The statute calls the direct contractor the original contractor.
The direct contractor is named in two lien filing rules, one for projects other than residential and one residential. Subcontractors, sub-subcontractors, suppliers and laborers are named in a different pair, one for projects other than residential and one residential, and in a matching pair of monthly notice rules. A third set of rules, limited to claims for retainage, names subcontractors, sub-subcontractors and suppliers on any kind of project. Only two rules reach every role on every project: service of the lien and the deadline to sue.
How the periods run
On a project other than residential, the monthly notice of claim for a subcontractor, sub-subcontractor, supplier or laborer has no single counted date: Due for each month in which labor or materials were provided or undelivered specially fabricated materials would normally have been delivered: the 15th day of the third month after that month.[1] The residential version for those roles has a shorter period.
For a claim for unpaid retainage, the notice rule for subcontractors, sub-subcontractors and suppliers runs from whichever comes first: the claimant's own contract ending by completion, termination or abandonment, or the original contract ending by termination or abandonment. Neither event is a calculator input, so that date stays uncounted.
The ordinary lien filing rules start from different events. The direct contractor's two rules count from the month in which the original contractor's work was completed, terminated, or abandoned. The rules for subcontractors, sub-subcontractors, suppliers and laborers count from the month the claimant last provided labor or materials, or a later month tied to undelivered specially fabricated materials. For a lien claim for retainage, the rule for subcontractors, sub-subcontractors and suppliers counts from the end of the original contract, as the 15th day of the 3rd month after the month in which the original contract under which the claimant performed was completed, terminated, or abandoned[1].
Service of the lien, for every role, is due 5 days after the lien affidavit is filed[1]. The deadline to sue runs from the last day a claimant may file the affidavit under Section 53.052 [1]. The calculator does not count it, because the statute does not say whether that day is taken before or after a weekend or holiday moves it.
Notice of completion
If an owner files an affidavit of completion after the 10th day after completion [1], the filing date becomes the date of completion for Subchapter E, which covers the funds the owner must reserve. That shift does not reach a person to whom the owner did not send a copy as the section requires.
How residential work is treated
A residential construction project is the construction or repair of an owner's residence under a contract between the owner and a contractor.
There the monthly notice rules and the ordinary lien filing rules carry shorter periods, and two more entries apply. A lien on a homestead requires a written contract executed by the owner and the person who is to furnish material or perform labor. Before the owner executes a residential construction contract, the original contractor delivers a disclosure statement to the owner.
Counting the days
The Code Construction Act applies to the Property Code [3]: a count leaves out the day of the starting event and keeps the final day [2]. The lien chapter adds its own roll-forward for every stage: when a deadline or a period's last day lands on a Saturday, Sunday or legal holiday, the period extends to the next day that is none of those [1].
What changed recently
H.B. 2237, Acts 2021, 87th Legislature, Chapter 690, rewrote the deadlines in Chapter 53 with an effective date of January 1, 2022 [1]. Section 53.003 was later amended by S.B. 929, Acts 2025, 89th Legislature, Chapter 98, effective May 21, 2025 [1].
