Liens in Texas — What Contractors and Suppliers Need to Know

Frequently asked questions

What types of liens exist in Texas?

Texas recognizes several lien types, including mechanics liens, tax liens, judgment liens, and consensual liens such as mortgages and deeds of trust. Each arises under different law and follows different procedures. For construction work, the mechanics lien under Chapter 53 of the Texas Property Code is the relevant remedy.

What is a mechanics lien and how is it different from other liens?

A mechanics lien is a security interest in real property claimed by someone who supplied labor or materials to improve that property. Unlike a mortgage, it is not agreed to by the owner in advance, and unlike a judgment lien, it does not require you to first win a lawsuit. It attaches to the specific project property you worked on.

How long do I have to file a mechanics lien in Texas?

Texas deadlines are calculated by month from when your labor or materials were furnished, and they differ for original contractors versus subcontractors and suppliers. Subcontractors and suppliers generally must send monthly pre-lien notices before the lien affidavit is filed. Missing a notice or filing deadline can permanently forfeit your lien rights, so dates should be confirmed early.

How much does it cost to file a lien in Texas?

County clerk recording fees are typically modest, but the real cost is the legal work of calculating deadlines, preparing notices, and drafting the affidavit correctly. We handle the pre-lien notice, lien affidavit preparation, and filing for a flat fee of $599. There is no hourly billing and no surprise fees.

Do I need a lawyer to file a mechanics lien?

Texas law does not require an attorney, but the statute is technical and small mistakes in notice timing, property description, or claim amount can invalidate the lien. An improperly filed lien can also expose you to liability. Having a licensed Texas attorney prepare and file it protects the claim you are relying on to get paid.