As a Texas attorney, I often come across clients who face challenges in securing payment for their work or materials supplied in construction projects. In such cases, mechanics and materialman’s liens can be powerful legal tools to protect the rights of contractors, subcontractors, suppliers, and other construction industry professionals.
However, it is crucial to understand the deadlines associated with filing these liens to ensure their effectiveness. In this blog post, we will explore the basics of mechanics and materialman’s liens in Texas and shed light on the critical filing deadlines.
What are mechanics’ and materialman’s liens? Mechanics and materialman’s liens are legal remedies available to individuals or businesses involved in the construction industry to secure payment for labor, services, or materials provided in the improvement of a property. These liens essentially create a claim against the property, allowing the claimant to seek payment from the property owner.
Critical Deadlines for Filing: To protect your rights under mechanics and materialman’s liens, it is essential to understand the specific deadlines for filing in Texas. Failing to meet these deadlines may result in the loss of your lien rights. In 2022, the requirements and deadlines in Texas were tweaked by the legislature. The following are examples of such changes:
- Design professionals such as engineers and architects now have lien rights regardless of who they contract with.
- Designs, drawings, plans, plats, surveys, and specifications done by design professionals are now categorically considered “improvements,” therefore they
can be lienable. - Subcontractors and other lower-tier parties must no longer serve a second-month notice, though it is still best practice to serve such a notice. Subcontractors are also still required to serve the third-month notice on the 15th day of the third month after furnishing labor or materials.
- All written notices must follow the format specified in the new statutory forms (see below for more details).
- Deadlines that fall on a weekend or a legal holiday are now automatically extended to include the next day that is not a weekend or a legal holiday. Note that it is still best practice to fulfill deadlines sooner than the deadline.
- All written notices may now be served via certified mail or via “any other form of traceable, private delivery, or mailing service that can confirm proof of receipt.”
- A second month’s notice for specially fabricated materials is no longer required.
- All mechanics liens, regardless of project type, will expire after 1 year following the last day when a lien could be filed. The claimant and the owner may reach an agreement for an extension and file such an agreement in the county clerk’s office.
- Texas lien waivers no longer have to be notarized.
The following is an example of a deadline:
Disclaimer: The laws surrounding Texas mechanic’s lien claims are complex and different from similar claims in other jurisdictions. This tool is not intended to provide legal advice. You should consult legal counsel with any questions. This tool is for informational purposes only
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