Texas Lien Claims —
Statutory Deadlines, Filed Correctly.

A mechanic’s lien is a claim against improved real property that can secure payment for qualifying labor, materials, and certain professional services. Article XVI, Section 37 of the Texas Constitution recognizes lien rights for mechanics, artisans, and materialmen; Chapter 53 of the Texas Property Code establishes the statutory framework for entitlement, notice, recording, and enforcement.

Under §53.021, a person who provides qualifying labor or materials under a contract with the owner or a person in the contracting chain may be entitled to a lien. That includes original contractors, subcontractors, suppliers, and laborers when statutory conditions are met. The nature of the work and the contractual chain matter.

The statute distinguishes an original contractor, whose contract is with the owner, from a derivative claimant, whose contract is further down the chain. A derivative claimant ordinarily must send a notice of unpaid work to the owner and original contractor under §53.056. The notice is due by the 15th day of the third month after each month of unpaid nonresidential work, or the second month for residential work. Claims for unpaid retainage follow the separate rules in §53.057.

For the affidavit, §53.052 generally sets the 15th day of the fourth month for nonresidential construction and the third month for residential construction. Original contractors count from completion, termination, or abandonment; derivative claimants generally count from the last month labor or materials were provided. Different triggers apply to retainage and specially fabricated materials. Under §53.003(e), a deadline falling on a Saturday, Sunday, or legal holiday extends to the next eligible day.