Address: 2591 Dallas Pkwy. #300 Frisco TX, 75034

Notice and Filing Deadlines for Subcontractors on
Texas Private and Public Construction Projects

column 1 column 2 column 3 column 4
month work performed
or materials delivered
15th day of 2nd month 15th day of 3rd month 15th day of 4th month
January March 15 April 15 May 15
Febrary April 15 May 15 June 15
March May 15 June 15 July 15
April June 15 July 15 August 15
May July 15 August 15 September 15
June August 15 September 15 October 15
July September 15 October 15 November 15
August October 15 November 15 December 15
September November 15 December 15 January 15
October December 15 January 15 Febrary 15
November January 15 Febrary 15 March 15
December Febrary 15 March 15 April 15

 

For ORIGINAL CONTRACTORS (those who contracted directly with the property owner), to perfect a statutory lien, using the row in column 1 containing the month in which you completed the contracted work and/or supplied the contracted materials, find in column 4 the date by which you must file your lien affidavit.

 

 

ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPERS and DEMOLITION CONTRACTORS who have a written contract with the property owner are considered to be original contractors for statutory lien perfection purposes, and therefore must file a lien affidavit by the date specified in column 4.

 

For FIRST TIER subcontractors and suppliers (those who contracted directly with the original contractor), for each month in which your claims are not paid, using the row in column 1 containing the month in which you performed services and/or supplied materials for which you were not paid, find in column 3 the date by which you must deliver notice of your unpaid claim to the property owner (with a copy to the original contractor). Using the row in column 1 containing the last month in which you completed work or delivered materials, find in column 4 the date by which you must file your lien affidavit.

 

For SECOND TIER (or lower) subcontractors and suppliers (those who contracted with another subcontractor), for each month in which your claims are not paid, using the row in column 1 containing the month in which you performed services and/or supplied materials for which you were not paid, find in column 2 the date by which you must deliver notice of your unpaid claim to the original contractor, and find in column 3 the date by which you must notify the property owner (with a copy to the original contractor). Using the row in column 1 containing the last month in which you completed work or delivered materials, find in column 4 the date by which you must file your lien affidavit.

Note: The required notices to the property owner and the original contractor may be combined if sent by the date found in column 2.

 

For subcontractors who provide SPECIALLY FABRICATED MATERIALS to the project, in addition to the notice requirements given above for first and second tier subcontractors, you must give an additional notice to the property owner setting out the details of your contract. Using the row in column 1 containing the month in which you accepted the contract to supply the contracted materials, find in column 2 the date by which you must deliver notice of your contract (including the scheduled date of delivery) to the property owner (with a copy to the original contractor). Using the row in column 1 containing the month of scheduled delivery, find in column 4 the date by which you must file your lien affidavit.

 

For subcontractors working on a RESIDENTIAL PROJECT, for each month in which your claims are not paid, using the row in column 1 containing the month in which you performed services and/or supplied materials for which you were not paid, find in column 2 the date by which you must deliver notice of your unpaid claim to the property owner and to the original contractor. Using the row in column 1 containing the last month in which you completed work or delivered materials, find in column 3 the date by which you must file your lien affidavit. Notice that these time limits are one-month shorter than with non-residential projects.

 

 

 

For subcontractors working on a PRIVATE COMMERCIAL BONDED PROJECT, there is no requirement to file a lien affidavit. All notices must be delivered within the same time frames as with non-bonded projects above, except that all notices which would normally be given to the property owner may be delivered to the bond surety instead.

 

For FIRST TIER subcontractors and suppliers working on a TEXAS STATE PUBLIC WORK PROJECT, for each month in which your claims are not paid, using the row in column 1 containing the month in which you performed services and/or supplied materials for which you were not paid, find in column 3 the date by which you must deliver notice of your unpaid claims to the original contractor and to the bond surety.

 

For SECOND TIER subcontractors and suppliers working on a TEXAS STATE PUBLIC WORK PROJECT, for each month in which your claims are not paid, using the row in column 1 containing the month in which you performed services and/or supplied materials for which you were not paid, find in column 2 the date by which you must deliver notice of your unpaid claims to the original contractor, and find in column 3 the date by which you must deliver notice of your unpaid claim to the bond surety (with a copy to the original contractor).

 


For anyone who files a mechanic’s lien affidavit, you must notify the property owner within 5 days by sending a copy of the filed lien affidavit.

 

All notices must be mailed or delivered on or before the date due, even if that date falls on a weekend or holiday, and must be delivered by registered or certified mail, or in person.

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