What a mechanic's lien is and why it matters

A mechanic's lien is a legal claim against a property that a contractor, subcontractor, or supplier can file when they have not been paid for work or materials. In Texas, filing a mechanic's lien gives you a way to recover money owed by placing a hold on the property itself — the property cannot be sold or refinanced until the lien is resolved. This applies to residential, commercial, and industrial property.

The lien does not give you ownership of the property. Instead, it creates a legal right to be paid from the proceeds if the property is sold, or to force a sale through court action if necessary. Texas law sets strict important date and procedures for filing, so understanding the timeline and requirements is essential if you are owed money for construction work.

Key Takeaways

  • You must file a mechanic's lien in Texas within 90 days of the last day you provided labor or materials, or the right to file expires.
  • Before filing a lien, Texas law requires you to send a written notice to the property owner at least 10 days before you stop work, unless you have already been paid in full.
  • The lien is filed with the county clerk in the county where the property is located, not with a state agency.
  • A mechanic's lien can be removed only by payment, a court order, or the filing of a bond that covers the lien amount plus costs.

The 90-day important date and why it is absolute

Texas Property Code § 53.052 sets a hard important date: you have 90 days from the last day you provided labor or materials to file your lien. This important date cannot be extended, waived, or negotiated. If you miss it, your right to file a mechanic's lien is gone permanently, though you may still have other legal remedies like a breach of contract claim.

The 90-day clock starts on the last day of work or delivery, not the day you invoiced or the day payment was due. If you delivered materials on June 15 and never returned to the job, your 90 days runs from June 15, not from any later date. If you worked on the property over several weeks, the clock starts from your final day on site.

Because this important date is so strict, many contractors and suppliers set a calendar reminder at day 75 or 80 to may support they have time to prepare and file before the window closes. Waiting until day 89 leaves no room for errors or delays in gathering documents.

The pre-lien notice requirement

Before you can file a mechanic's lien in Texas, you must have sent a written pre-lien notice to the property owner. This notice must be sent at least 10 days before you stop work or cease providing materials. The notice must include your name, the property address, a description of the work or materials you provided, and the amount you are owed.

The notice can be sent by certified mail, hand delivery, or email if the owner has agreed to receive notices by email. You must keep proof that the notice was sent — a certified mail receipt, a delivery confirmation, or an email read receipt. If you cannot show that the notice was sent at least 10 days before you stopped work, your lien filing may be challenged.

There is one exception: if you have already been paid in full, you do not need to send a pre-lien notice. But if any amount remains unpaid, the notice is required even if you have received partial payment.

How to file a mechanic's lien with the county clerk

The mechanic's lien is filed with the county clerk in the county where the property is located. You do not file with the state — each county maintains its own lien records. The filing must be done in person, by mail, or through the county clerk's online system if one is available.

The lien document itself must include specific information: the property owner's name, a legal description of the property (or the street address if a legal description is not available), the amount claimed, the name and address of the person or company filing the lien, and a description of the work performed or materials supplied. The document must be signed and notarized.

Filing fees vary by county but typically range from $50 to $150. Some counties charge based on the lien amount. Contact your county clerk's office to confirm the exact fee and whether they accept online filing. Once filed, the lien becomes a public record and appears on the property's title.

What happens after you file a lien

Once a mechanic's lien is filed, the property owner and any lender are notified that a claim exists against the property. The owner cannot sell or refinance the property without addressing the lien. This creates pressure to negotiate a settlement or payment plan, because the lien clouds the title and makes the property unmarketable.

The property owner has the right to file a bond to remove the lien from the property record. If they do, the lien moves from the property to the bond, and the property can be sold or refinanced. However, you still have a claim against the bond amount. The owner must post a bond equal to 125 percent of the lien amount plus court costs.

If the property is sold, you have a right to be paid from the sale proceeds before the owner receives any money. If the owner does not pay and does not post a bond, you can file a lawsuit to foreclose on the lien — essentially forcing a sale of the property to recover what you are owed. This lawsuit must be filed within two years of filing the lien.

Differences between contractors, subcontractors, and suppliers

In Texas, a contractor is someone hired directly by the property owner. A subcontractor is hired by the contractor or another subcontractor. A supplier provides materials but does not perform labor on site. All three can file mechanic's liens, but the rules differ slightly.

A contractor can file a lien for the full amount owed by the owner. A subcontractor can file a lien only for the amount the contractor owes them, not for the full contract price. A supplier can file a lien only if they delivered materials to the property and were not paid. If a supplier was paid by the contractor but the contractor was not paid by the owner, the supplier generally cannot file a lien — the contractor must file instead.

The pre-lien notice requirement applies to all three, but the timing and content may vary. Subcontractors and suppliers should confirm they have the correct property owner's name and address before sending the notice, because serving the wrong person can invalidate the notice.

Common reasons a lien filing can be challenged or denied

A property owner or their attorney may challenge a mechanic's lien on several grounds. The most common is that the pre-lien notice was not sent or was not sent at least 10 days before work stopped. Another is that the lien was filed more than 90 days after the last day of work. A third is that the property description is so vague that the lien cannot be matched to the correct property.

If the lien document is not notarized, it may be rejected by the county clerk or challenged later. If the amount claimed is wildly inflated or includes work not actually performed, a court may reduce or dismiss the lien. If you are a subcontractor and you claim the full contract price rather than only what the contractor owes you, the lien can be challenged as overstated.

The best defense against these challenges is to keep detailed records: dates of work, descriptions of materials delivered, copies of invoices, proof of the pre-lien notice, and documentation of any partial payments received. If a challenge does arise, these records are what a court will examine to determine whether the lien is valid.

Frequently Asked Questions

Can I file a mechanic's lien if I was paid in cash and have no written contract?

Yes, but you will need to prove the work was done and the amount owed. A written contract makes this easier, but testimony, photos, invoices, or witness statements can also establish what you did and what you were promised. You still must send the pre-lien notice and file within 90 days.

What if the property owner says they will pay me next month — can I wait to file a lien?

You can wait, but the 90-day clock is still running. If the owner does not pay by day 90, your right to file a lien expires. It is safer to file the lien before the important date and then withdraw it once you are paid, rather than risk missing the important date.

Does a mechanic's lien work the same way for residential and commercial property?

The basic rules are the same, but residential property has some additional protections for homeowners. For example, a homeowner can file a "notice of non-responsibility" before work begins to limit the lien rights of contractors they did not hire. Commercial property owners have fewer such protections.

Can I file a mechanic's lien if I was hired by a contractor, not the property owner?

Yes, as a subcontractor you have the right to file a lien. However, you can only claim the amount the contractor owes you, not the full contract price. You must still send the pre-lien notice to the property owner and file within 90 days of your last day of work.

What is the difference between a mechanic's lien and a judgment lien?

A mechanic's lien is filed before a lawsuit and is based on work performed or materials supplied. A judgment lien is filed after you win a lawsuit for money owed. A mechanic's lien can be filed without going to court first, which is why it is often faster and more effective for construction disputes.