A Practical Guide to Texas Construction Liens for Austin & Central Texas Contractors
As trusted construction law attorneys in Austin, Texas, we regularly assist contractors, subcontractors, project owners, architects, engineers, material suppliers, and laborers with the complexities of Texas lien laws. If you’ve ever wondered, “How do I file a lien for unpaid construction work in Austin?” BCS Law is here to help. This detailed guide explains what mechanic’s liens are, how to file them, and what to do if one is filed against your property.
Understanding Mechanic’s Liens Under Texas Law
A mechanic’s lien (also often called a construction lien) is a legal claim against real property for unpaid labor, materials, services, or equipment furnished to improve that property. Filing a mechanic’s lien generally provides the claimant with a security interest in the property, meaning the debt attaches to the property until payment is made, subject to compliance with statutory requirements.
Mechanic’s liens are not unique to Texas, but they are governed by very specific provisions in the Texas Property Code (Chapter 53).¹
Historically, mechanic’s liens in the U.S. began as a tool to protect those who contributed labor and materials to the improvement of property, ensuring they had leverage to collect payment before other creditors.
Texas law often refers to these claims collectively as mechanic’s and materialman’s liens.
Why Mechanic’s Liens Matter in Texas Construction
In Texas – a state with a booming construction market, from downtown Austin high-rises to Central Texas residential and commercial developments – payment disputes are not uncommon. A mechanic’s lien exists to:
- Secure payment for work performed.
- Provide leverage in disputes over unpaid invoices.
- Alert property owners and title companies to outstanding debts before sale or refinancing.
Liens can significantly impact a property’s marketability or financing, so understanding how they work is essential for anyone involved in construction in Texas.
Who Can File a Mechanic’s Lien in Texas?
Under Texas law, a wide array of construction professionals may qualify to file a mechanic’s lien if they meet statutory requirements:
- General and prime contractors
- Subcontractors
- Material and equipment suppliers
- Laborers
- Certain architects, engineers, and design professionals under specific conditions
Even verbal contracts may preserve lien rights in many situations, except for certain residential homesteads, where a written contract is required.
Texas Construction Lien Laws: Deadlines & Requirements
Texas lien laws are among the most complex in the country. The deadlines and notice requirements depend on your role and the type of project:
- Pre-Lien Notices (for Certain Claimants)
If you are a subcontractor or supplier without a direct contract with the property owner, in most situations you must serve pre-lien notices (also called “fund trapping notices”) to preserve your lien rights:
- Invoice Notice – by the 15th day of the second month after the month labor was performed or materials delivered.
- Pre-Lien Notice – by the 15th day of the third month after work was performed.
Note: Original contractors (those with a direct contract with the owner) generally do not need to send pre-lien notices.
- Filing the Lien Affidavit
The lien affidavit is the official document that must be filed with the county clerk in the county where the property is located. It must include key details like the amount owed, a legal description of the property, and claimant information.
Deadlines:
| Project Type | Claimant | Deadline to File Lien |
| Residential projects | Original contractor | 15th day of the third month after work completed |
| Non-residential projects | Original contractor | 15th day of the fourth month after work completed |
| Residential & commercial subcontractors/suppliers | Subcontractors | 15th day of the fourth month after last provided labor/materials |
Missing these deadlines will often invalidate your lien completely, no matter how strong your claim under Texas law.²
- Serving the Filed Lien
After filing your lien affidavit, Texas generally requires you to serve a copy of the filed lien affidavit on the property owner — and, if you’re a subcontractor, on the general contractor as well — within 5 days of filing.
How to File a Mechanic’s Lien in Austin / Central Texas
Here’s a practical step-by-step outline to file a lien for unpaid construction work in Austin or elsewhere in Texas:
- Confirm Eligibility: Ensure you provided labor, services, or materials that qualify under Chapter 53 of the Texas Property Code.
- Send Pre-Lien Notices (if required): Serve notices by the statutory deadlines.
- Prepare Your Lien Affidavit: Include legally sufficient property descriptions, amounts owed, and claimant details.
- File With the County Clerk: File in the county where the property is located before your filing deadline.
- Serve the Filed Lien: Deliver copies to required parties within 5 days of filing.
- Enforce the Lien (if necessary): If payment still isn’t received, you may need to file a foreclosure lawsuit. In many cases, the deadline to enforce a lien is within one year of the last day the lien could be filed.
When a Mechanic’s Lien Is Filed Against Your Property
If you are a property owner and a mechanic’s lien is filed against your property, here’s what to know:
- A lien can cloud your title, making refinancing or selling difficult until resolved.
- You may have options to challenge the lien if it was improperly filed or invalid under Texas law.
- You may negotiate payment or require lien releases once debts are paid.
Property owners often work with experienced counsel to determine if the lien meets statutory requirements, including proper notice and timing, because Texas courts strictly enforce statutory procedures.
Typical Questions We Hear from Central Texas Construction Professionals
Q: What if a lien deadline was missed?
If you miss a statutory deadline to file or serve notices, you may lose your lien rights permanently, even if you are owed money. Consulting with an attorney as early as possible is crucial.
Q: Can I file a lien without a written contract?
Yes, for many commercial projects, even a verbal agreement may preserve lien rights. However, residential homestead projects often require a written contract.
Q: Does a mechanic’s lien guarantee payment?
No, a mechanic’s lien doesn’t automatically get you paid. It gives you the legal leverage to enforce payment, typically through litigation if necessary.
Final Thoughts: Protect Your Rights Under Texas Lien Laws
Mechanic’s liens can be effective tools for ensuring payment for work and materials, especially in a vibrant construction market like Austin and Central Texas. But they come with strict legal requirements, precise deadlines, and formal procedures that must be followed exactly under the Texas Property Code.
For contractors, subcontractors, suppliers, and other construction professionals asking “How do I file a Texas construction lien?” The key is preparation, timing, and compliance. When deadlines are tight and stakes are high, working with experienced construction law attorneys can protect your rights and improve your chances of recovery.
If you need assistance with filing a mechanic’s lien in Central Texas, responding to one filed against your property, or navigating the full lien lifecycle, our team is here to help. Contact the BCS Law team for personalized guidance tailored to your situation.
The Bollier Ciccone Stinson LLP Construction Law practice is led by Tony Ciccone, a veteran construction, real estate, and business law attorney, who is not only Board Certified in Construction Law by the Texas Board of Legal Specialization, but also Martindale-Hubbell “AV Preeminent” rated, and recognized by Best Lawyers in Construction Law.
¹ Tex. Prop. Code § 53.001 et seq.
² Tex. Prop. Code §§ 53.052, 53.056.
About Bollier Ciccone Stinson LLP
Bollier Ciccone Stinson LLP is a boutique law firm in Austin, Texas, providing trusted legal representation in family law, high asset divorce and child custody, construction law, business law, and real estate law. Since 1990, the firm’s experienced attorneys have delivered strategic, personalized legal solutions and strong results for individuals, families, developers, property owners, and businesses.
Known for deep legal expertise, compassion, and a collaborative, team-based approach, Bollier Ciccone Stinson LLP offers comprehensive counsel in high-stakes matters, including contested custody and complex asset division, construction contracts and disputes, commercial and residential real estate transactions, business formation and litigation, and complex civil litigation. The firm’s attorneys are widely recognized for professional excellence, with many holding Board Certifications in their practice areas and receiving respected industry honors, reflecting the firm’s commitment to superior client service and ethical advocacy.
Bollier Ciccone Stinson LLP serves clients throughout Central Texas, including Austin, Round Rock, Georgetown, Taylor, Hutto, Cedar Park, Leander, Pflugerville, Manor, Bee Cave, Sunset Valley, Circle C, Westlake, Lake Travis, Dripping Springs, Driftwood, and across the entire State of Texas.
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