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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.
Payment Deadlines for Private Projects On private projects in Texas, the property owner must make payment to the prime contractor within 35 days of invoice receipt. Once the prime contractor receives payment from the property owner, they must pay their subs and suppliers within 7 days.
In Texas, the lien period is described as on the 15th day of the month three months after the last month the claimant performs work. (Three months for residential, four for non-residential) The deadline to file a lien is not extended if the 15th falls on a Saturday, Sunday, or legal holiday.
Affidavit of Commencement Requirement Affidavits of Commencement are voluntary in Texas. The law in Texas allows this notice to be filed by an owner and original contractor jointly.
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.
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One-Year Statute of Limitations The original statute of limitations to foreclose on a mechanics lien was one (1) year for residential projects and two (2) years for commercial projects. Now, it is one (1) year regardless of whether the project is commercial or residential.
Direct contractors must file their lien no later than the 15th day of the 4th month after the month their contract was completed, terminated, or abandoned.
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.

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