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Video Guide on Texas Construction Liens management

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Commonly Asked Questions about Texas Construction Liens

For the most part, all contractors, subcontractors, laborers, design professionals, materials suppliers, and equipment suppliers who provide labor or materials to a property in Texas are not required to have a written contract (a verbal contract is sufficient) to qualify for the right to file a lien.
Yes. A Texas lien waiver must be signed and docHubd. Texas is just one of three states with this requirement. Failure to docHub a lien waiver will invalidate it.
The 2022 lien amendments re-define retainage as an amount representing part of a contract payment that is not required to be paid to the claimant within the month following the month in which labor is performed, material is furnished, or specially fabricated material is delivered. In other words, retainage is the
Timing for Filing Lien Affidavits Remains Unchanged Original contractors must file the lien affidavit by the 15th day of the fourth month (for commercial projects) or the third month (for residential projects) after the month in which the work was completed, terminated, or abandoned.
Constitutional and Statutory Mechanics Liens Texas has two types of mechanics liensconstitutional and statutory. All Texas mechanics liens have their source in Article XVI, Section 37 of the state constitution, which provides for the lien and instructs the legislature to provide for its enforcement.
YES. To have Lien rights on a residential homestead Property, the Original Contractor must: (1) have a written contract signed by the Property Owner (if they are a married couple, then both 9 Page 10 must sign the contract); (2) before the work begins; and (3) the contract must be filed with the County Clerk.
There was a time when contracts for commercial construction jobs included a no lien waiver, thereby banning the contractor, subcontractor, or supplier from before the job even begins. This practice is now prohibited by law in Texas.
Generally, Texas imposes no specific requirement that a contract be in writing to be eligible for lien protection. However, prime contractors on homestead properties must have a written contract with the property owner to be able to secure lien rights on the project.