Mechanic's and Materialman's Lien
A statutory lien securing payment for labor or materials furnished to improve real property. Texas recognizes both a constitutional lien (self-executing for those in direct contract with the owner) and a statutory lien under Tex. Prop. Code Ch. 53 (available to original contractors as well as subcontractors, suppliers, and design professionals through specified notice and filing procedures). HB 2237 substantially reformed the framework for prime contracts entered on or after January 1, 2022.
A Texas mechanic's lien survives only if the claimant sues to foreclose by the first anniversary of its last day to file the lien affidavit (Tex. Prop. Code § 53.158). Unless a recorded agreement with the owner extended that deadline, a lien not sued on in time can be discharged of record under § 53.157.
A mechanic's and materialman's (M&M) lien is a statutory or constitutional lien securing payment for labor or materials furnished to construct or improve real property. Texas recognizes two parallel forms: (1) the constitutional lien under Article XVI, Section 37 of the Texas Constitution, self-executing, available to those in direct contractual privity with the property owner; and (2) the statutory lien under Chapter 53 of the Texas Property Code, available to original contractors and to a broader class of claimants (subcontractors, suppliers, design professionals) through prescribed notice and lien-affidavit procedures. House Bill 2237 (effective January 1, 2022) substantially reformed the statutory framework.
- Affidavit deadline
- 15th day of the 4th month (3rd month on residential projects) (§ 53.052)
- Notice by subs and suppliers
- 15th day of the 3rd month after each unpaid month (2nd month on residential) (§ 53.056(a-1))
- Copy to owner
- Within 5 days after the affidavit is filed (§ 53.055)
- Suit to foreclose
- By the 1st anniversary of the last day to file the affidavit (§ 53.158(a))
- Bond to discharge
- Double the lien; over $40,000, the greater of 1.5 times the lien or the lien plus $40,000 (§ 53.172)
Constitutional vs. statutory lien
The constitutional lien is self-executing, it arises automatically upon performance of work or supply of materials by a person in direct contractual privity with the owner. No filing is required for the lien to exist between the parties, though recording is necessary to bind subsequent purchasers. The statutory lien requires affirmative compliance with the notice and lien-affidavit procedures of Chapter 53 but extends to a broader class of claimants, subcontractors and lower-tier parties not in privity with the owner.
Filing deadlines (post-HB 2237)
For original contracts entered on or after January 1, 2022, lien-affidavit filing deadlines under § 53.052 are: (1) original contractor on residential project, 15th day of the 3rd month after the month of completion, termination, or abandonment; (2) original contractor on non-residential project, 15th day of the 4th month after such month; (3) subcontractor on residential project, 15th day of the 3rd month after the month the claimant last provided labor or materials; (4) subcontractor on non-residential project, 15th day of the 4th month after such month; (5) retainage claim, 15th day of the 3rd month after the month the original contract was completed, terminated, or abandoned (the separate retainage notice under § 53.057 is covered below).
Notice requirements
Subcontractors and lower-tier claimants must serve statutory notice on the owner and original contractor. Post-HB 2237, the second-month notice for second-tier subcontractors is eliminated; derivative claimants now send a single notice by the 15th day of the third month after the month the labor or materials were provided, or by the 15th day of the second month on residential construction projects. The notice may be served by certified mail, in-person, or by other traceable private delivery with proof of receipt. If a Chapter 53 deadline falls on a Saturday, Sunday, or legal holiday, it runs to the next day that is not one (§ 53.003(e), as amended effective May 21, 2025). A retainage claim needs a separate § 53.057 notice only to the extent the retainage was not included in a § 53.056 notice, and that notice is due by the 30th day after the earlier of the claimant's contract being completed, terminated, or abandoned, or the original contract being terminated or abandoned.
Foreclosure deadline (post-HB 2237)
Under amended § 53.158, the deadline to file suit to foreclose a perfected statutory lien is one year from the last date the claimant could have filed the lien affidavit under § 53.052. The claimant and the then-current record owner may agree to extend the deadline, but not beyond the second anniversary of the date the claimant filed the lien affidavit. The agreement must be in writing, made before the one-year deadline expires, and recorded with the clerk of the county where the lien was recorded.
Design-professional lien rights
HB 2237 expanded § 53.021 to grant lien rights to architects, engineers, and surveyors who provide a design, drawing, plan, plat, survey, or specification, even without direct contractual privity with the owner. This was a significant change from prior law, which limited design-professional lien rights to those in direct contract with the owner.
Extra requirements for a lien on a homestead
Section 53.254 adds conditions that apply only when the property is the owner's homestead. Missing any of them is a listed ground for summary removal under § 53.160(b)(6).
- A written contract between the owner and the person furnishing labor or material, setting out the terms of the agreement.
- Execution of that contract before any material is furnished or labor performed, signed by both spouses if the owner is married.
- Filing of the contract with the county clerk where the homestead is located. A contract made by the original contractor also benefits everyone who works or supplies material under it.
- The statement "NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN." printed at the top of the lien affidavit in at least 10-point bold type.
- For subcontractors and suppliers, the owner notice must include or attach the statutory warning set out in § 53.254(g), which explains the owner's withholding and 10 percent reservation duties.
Can you file a mechanic's lien without a contract in Texas?
No. Section 53.021 gives a lien only to a person who works or supplies material "under a contract with the owner or the owner's agent, trustee, receiver, contractor, or subcontractor." The contract can sit anywhere in the chain, so a supplier to a subcontractor qualifies without ever dealing with the owner. Outside the homestead setting, the statute does not require the contract to be written. For a homestead, § 53.254 requires a written contract signed before work begins.
Can I file a mechanic's lien without a lawyer in Texas?
Chapter 53 does not require one. Under § 53.054, the claimant or someone on its behalf signs the affidavit, which must state the amount claimed, the owner, the work, a legally sufficient property description and, for a claimant other than an original contractor, the months the work was done. Mistakes carry a price. In a proceeding to declare a lien invalid, the court awards costs and attorney's fees "as are equitable and just" (§ 53.156), and a lien filed with intent to defraud brings liability under Tex. Civ. Prac. & Rem. Code § 12.002.
What are the rules for a materialman's lien in Texas?
A supplier's lien follows the same Chapter 53 procedure as a subcontractor's, with a few points specific to materials. "Material" includes equipment rental at a reasonable rate and fuel consumed in the work (§ 53.001(4)). Specially fabricated material supports a lien even if never delivered, valued at its price less fair salvage value (§§ 53.021(2), 53.023). A supplier that did not contract with the owner must send the monthly notice of claim under § 53.056, measured from the month the material was provided or, for specially fabricated material never delivered, the month it would normally have been delivered.
How does a mechanic's lien affect the property owner in Texas?
The owner's exposure to subcontractors and suppliers is capped by statute. An owner who receives a § 53.056 notice may withhold that amount from the original contractor, and becomes liable for later payments to the contractor if the lien is perfected and reduced to judgment (§§ 53.081, 53.084). Separately, the owner must hold back 10 percent of the contract price during the work and for 30 days after completion (§ 53.101). Skipping that reserve gives complying claimants a lien at least to the extent of the amount that should have been held (§ 53.105).
- The date to calendar first is the claimant's suit deadline: the first anniversary of the last day the affidavit could have been filed (§ 53.158). If no suit is filed in the county where the improvement sits by then, the lien can be discharged of record under § 53.157(2).
- Owners commonly send a written request for the claimant's contract, invoices and monthly amounts, which the claimant must produce within 30 days (§ 53.159(d)).
- If the debt has been paid in collected funds, the claimant must deliver a recordable release within 10 days after a written request (§ 53.152). See lien release.
- A disputed lien can be bonded around under §§ 53.171-53.175, which clears title while the claim is fought over the bond. Once a suit is pending, § 53.160 allows a verified summary motion to remove a lien on listed grounds, such as a late notice or a defective affidavit.
- A Texas lawyer who handles construction lien disputes can check the notices, affidavit and deadlines against Chapter 53 before any of these steps is taken.
For Texas contractors, subcontractors, and suppliers, the M&M lien framework is the principal payment-protection tool on Texas construction projects. The 2022 reforms simplified some traps for the unwary (eliminating the separate second-month notice to the original contractor on non-residential projects, harmonizing retainage timing) but tightened others (one-year foreclosure deadline). The key compliance posture is (1) calendar all notice deadlines from project start; (2) document labor/material delivery monthly; (3) serve notices via certified mail with retained proof; (4) file lien affidavits promptly when payment is missed; (5) calendar foreclosure deadline; (6) consider lien releases at each pay application to demonstrate good faith and preserve relationships.