Always the rebel, The State of Texas likes to set itself apart when it comes to calculating mechanic’s lien deadlines. Most states calculate dates from a specific date and based on a specific number of 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. Accordingly, if the deadline falls on one of these days, you still have to file the lien affidavit on the preceding business day or else it is going to be late. Also, a mechanics lien affidavit must be filed on or before the 15th of the month. An affidavit that is sitting on a clerk’s desk unfiled or is still “in the mail” is not considered a “filed” affidavit under the statute.
Remember that the mechanics lien affidavit must be filed with the county clerk’s office in the county where the property is located, not in some other county, such as in the county where the principal office of the recipient lies or in a county of residence, if different from the actual location of the property.
And don’t forget you’re notices, which is a whole separate chart. Remember that original contractors do not have lien notice requirements in Texas.
Work Last Residential Liens Non-Residential State Liens
Performed In Deadline Liens Deadline Deadline
|January||April 15th||May 15th||April 15th|
|February||May 15th||June 15th||May 15th|
|March||June 15th||July 15th||June 15th|
|April||July 15th||August 15th||July 15th|
|May||August 15th||September 15th||August 15th|
|June||September 15th||October 15th||September 15th|
|July||October 15th||November 15th||October 15th|
|August||November 15th||December 15th||November 15th|
|September||December 15th||January 15th||December 15th|
|October||January 15th||February 15th||January 15th|
|November||February 15th||March 15th||February 15th|
|December||March 15th||April 15th||March 15th|
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas construction law attorneys in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.