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There are three general steps to file a mechanics lien in Texas: Fill out the appropriate Affidavit of Lien form. Deliver your lien form to the county recorder office. Serve your lien on the property owner.
For the most part, all contractors, subcontractors, laborers, 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 agreement is sufficient) to qualify for the right to file a lien.
Uniform Commercial Code - Fees Initial Filing Form Mail and Fax FilingsFiling FeeAgricultural Lien$15 for Two pages or less; $30 for Three pages or moreAircraft Maintenance LienContract Agricultural LienTransition Property Notice (TPN1) - PDF8 more rows
On non-residential projects, the lien filing deadline is the 15th day of the 4th month after the month the contract was completed, terminated, or abandoned. In Texas, an action to enforce the lien must be initiated within 1 year of the last date the claimant could file a lien.
Fill out your lien form with complete, accurate details. Bring your Affidavit of Lien to the county recorders office in the county where the property is located, and pay the lien recording fee. After recording a Texas mechanics lien, claimants must provide notice to the property owner and GC within 5 days of filing.
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Remedial Bonds Under Section 53.171 of the Texas Property Code: Under Section 53.171(c) of the Texas Property Code, a mechanics lien can be discharged with a bond even after the dispute has arisen and the lien has been filed. The bond must be substantially higher than the lien amounts.
All of this language is a bit dense, but essentially, anyone who has an agreement to improve property with you directly, or an agreement with another contractor who has such an agreement with you, can file a lien if left unpaid. This commonly includes contractors, subcontractors, and material suppliers.
Deposit the Lien Amount with the Court: A lien can be removed from the property if you file a lawsuit and deposit the lien amount into the courts registry. This allows the parties to litigate the validity of the claim, without the lien encumbering the property.
Uniform Commercial Code - Fees Initial Filing Form Mail and Fax FilingsFiling FeeAgricultural Lien$15 for Two pages or less; $30 for Three pages or moreAircraft Maintenance LienContract Agricultural LienTransition Property Notice (TPN1) - PDF8 more rows
All of this language is a bit dense, but essentially, anyone who has an agreement to improve property with you directly, or an agreement with another contractor who has such an agreement with you, can file a lien if left unpaid. This commonly includes contractors, subcontractors, and material suppliers.