You completed the work.
Now, get paid for it.

A mechanic's lien (also called a construction lien or materialman's lien) is a legal claim placed against real property by a contractor, subcontractor, laborer, or material supplier who has not been paid for work or materials provided to improve that property. In Texas, mechanic's liens are governed by Chapter 53 of the Texas Property Code. A properly filed lien encumbers the property's title, which can prevent the owner from selling or refinancing the property until the debt is resolved. If the lien remains unpaid, the claimant can ultimately enforce it through a foreclosure lawsuit.

A pre-lien notice (also called a notice of unpaid balance or fund-trapping notice) is a written notice that subcontractors and suppliers must send to the property owner — and in some cases the original contractor — before they can preserve their right to file a mechanic's lien in Texas. The notice informs the owner that unpaid amounts exist, which gives the owner the opportunity to withhold funds from the general contractor to ensure downstream parties get paid. Sending pre-lien notices on time is one of the most critical steps in preserving lien rights in Texas.

A mechanic's lien affidavit (also called a lien affidavit or claim of lien) is the formal legal document filed with the County Clerk to officially establish your mechanic's lien against a property in Texas. Once filed, it creates a cloud on the property's title that can prevent the property from being sold or refinanced without your lien being resolved. The lien affidavit must be notarized before filing. It is different from the pre-lien notice, which is sent by mail and does not need to be filed with the county.

A lien release (also called a release of lien or satisfaction of lien) is a document filed with the County Clerk to remove a previously recorded mechanic's lien from the property records. Once you have been paid, you are obligated to file a lien release. Under Texas Property Code Section 53.152, if a property owner makes a written request for a release after paying the debt in full, you must provide a release within 10 days or you may be liable to the owner for damages and attorney's fees.

A public project is a construction project for a government entity — state agency, county, city, school district, municipal utility district, or other public body in Texas. Because Texas law prohibits placing mechanic's liens on government-owned property, contractors and suppliers on public projects must instead pursue payment through a bond claim against the payment bond that the general contractor is required by law to obtain. Public projects in Texas are governed by Chapter 2253 of the Texas Government Code (the Public Works Bond Act).

Filing a mechanic's lien in Texas with SimpleLiens.com is entirely online. You answer a series of guided questions about your project, your role (original contractor or subcontractor), the property, and the amounts owed. The system automatically determines your deadlines, generates your properly formatted and notarized lien affidavit, electronically files it with the correct Texas County Clerk's office, and provides confirmation once it is recorded. The entire process takes about 15 minutes.

Under Chapter 53 of the Texas Property Code, the following parties may file a mechanic's lien: original (prime/general) contractors who have a direct contract with the property owner; subcontractors hired by the original contractor; sub-subcontractors; material suppliers who provide materials incorporated into the improvement; laborers who perform work on the property; architects, engineers, surveyors, and landscapers who prepare plans or plats for the property. The party filing the lien must have furnished labor, materials, or services that improved the real property and must comply with all notice and deadline requirements.

In Texas, subcontractors and material suppliers who do NOT have a direct contract with the property owner are required to send monthly pre-lien notices to preserve their lien rights. Original (prime/general) contractors who have a direct contract with the property owner are NOT required to send pre-lien notices for commercial projects. For residential projects, original contractors do have some notice obligations. Sub-subcontractors (2nd-tier subcontractors) are also required to send notices, including a second-month notice in some cases.

Texas lien filing deadlines depend on your role and the type of project: • Original contractors (commercial): by the 15th day of the 4th month after the month the contract was completed, terminated, or abandoned. • Subcontractors (commercial): by the 15th day of the 4th month after the month of last furnishing. • Original contractors (residential): by the 15th day of the 3rd month after the month the contract was completed, terminated, or abandoned. • Subcontractors (residential): by the 15th day of the 3rd month after the month of last furnishing. These deadlines are absolute. Missing them permanently eliminates your lien rights for the affected work.

You should file a lien release as soon as you have received full payment for the amount claimed in the lien. Do not delay — once you are paid, the lien has served its purpose and the property owner is entitled to a clean title. If the owner submits a written request for release after payment and you fail to respond within 10 days, you can be held liable for damages. SimpleLiens.com can prepare and file your lien release quickly.

A construction bond claim is a legal claim made against the payment bond that a general contractor is required to obtain for public construction projects in Texas. When a subcontractor or supplier is not paid on a public project, they cannot file a mechanic's lien against the government-owned property. Instead, they submit a written notice of claim to the prime contractor and the surety (bonding company) that issued the payment bond. The bond guarantees payment to downstream parties if the prime contractor fails to pay them.

The majority of Texas's 254 counties accept electronic filing (e-filing) of mechanic's lien affidavits and related documents through approved electronic filing service providers. This includes all major metropolitan counties such as Harris (Houston), Dallas, Tarrant (Fort Worth), Travis (Austin), Bexar (San Antonio), and Collin County. For counties that do not yet accept e-filing, SimpleLiens.com will mail your documents for recording and confirm receipt.

A constitutional lien is a mechanic's lien that arises automatically under Article XVI, Section 37 of the Texas Constitution — without any formal filing requirement. It is available only to contractors, mechanics, and materialmen who have a direct contract with the property owner. The constitutional lien applies only to residential homestead property. Because it arises automatically, no affidavit filing is required. However, enforcing a constitutional lien still requires a lawsuit filed within the applicable statute of limitations. Note that subcontractors who do not have a direct contract with the owner generally cannot claim a constitutional lien.

For commercial projects, subcontractors and suppliers must send a pre-lien notice by the 15th day of the 3rd month following each month in which unpaid labor or materials were furnished. For residential projects, notices must be sent by the 15th day of the 2nd month following each month in which unpaid labor or materials were furnished. These deadlines are strict — missing them eliminates your ability to include that month's unpaid amounts in a future lien. It is best practice to send a notice every month you perform work or deliver materials, even if you expect to be paid.

A Texas mechanic's lien affidavit must include: (1) The claimant's name and address; (2) The name and last known address of the property owner; (3) The name and address of the person who hired you (if not the owner); (4) A description of the property sufficient for identification, including the county; (5) The legal description of the property (from the deed); (6) A description of the work performed or materials furnished; (7) The amount claimed as unpaid; (8) The dates of first and last furnishing; (9) A statement that the facts are true and correct; (10) The claimant's notarized signature.

No. A lien release is a document filed in the property records to remove an already-filed lien affidavit. A lien waiver is a contractual document signed before or during a project — often as a condition of receiving a progress or final payment — in which the claimant agrees to waive or release prospective lien rights. Texas has specific statutory lien waiver forms under Property Code Section 53.281. Always review lien waivers carefully before signing, as an unconditional final waiver surrenders all your lien rights for the project.

Under Chapter 2253 of the Texas Government Code: • Subcontractors and suppliers must send a written notice of claim to the prime contractor by the 90th day after the date the claimant last furnished labor or materials to the project. • Second-tier subcontractors must also send a copy to the governmental entity. • The claimant must then file a lawsuit to enforce the bond claim within 1 year after the date the work was completed. These deadlines are strict. Missing the 90-day notice deadline permanently bars your bond claim.

Yes. Texas requires the mechanic's lien affidavit to be notarized before filing. SimpleLiens.com offers online Remote Online Notarization (RON) — a licensed Texas notary connects with you via secure video call to verify your identity and notarize your documents entirely online. No in-person appointment required. The entire notarization typically takes less than 10 minutes and can be done from your phone or computer.

Under Texas Property Code Chapter 53, a residential construction project is a project involving the construction or improvement of a new or existing residence consisting of not more than four units intended for use as a dwelling. This includes single-family homes and small multi-unit residential properties. The distinction matters because pre-lien notice deadlines and lien filing deadlines differ between residential and commercial projects. Condominiums and spec homes built for sale also qualify as residential projects in most cases.

A Texas pre-lien notice must include: (1) The claimant's name and address; (2) The name of the person who hired you (subcontractor or owner); (3) A description of the labor, services, or materials furnished; (4) The amount unpaid for the notice period; (5) A description of the property sufficient for identification; (6) The property owner's name and last known address; (7) The required statutory warning language. SimpleLiens.com generates the proper notice form automatically and sends it via certified mail so you have proof of delivery.

A mechanic's lien affidavit must be filed with the County Clerk of the county where the property is located — specifically in the county's real property records (also called deed records). Texas has 254 counties, each with its own County Clerk's office. Most Texas counties accept electronic filing (e-filing) through approved electronic filing service providers. SimpleLiens.com handles the e-filing process for you, submitting your lien to the correct county clerk and providing confirmation once it has been recorded.

The lienor — the party who filed the mechanic's lien — is responsible for preparing and filing the release. Once paid, you execute the release (which must be notarized in Texas), and file it with the County Clerk where the original lien was recorded. SimpleLiens.com handles lien release preparation, notarization, and filing for you.

Under Chapter 2253, first-tier subcontractors and suppliers (those in direct contract with the prime contractor) and second-tier subcontractors and suppliers (those in contract with a first-tier subcontractor) can file bond claims. Third-tier claimants generally cannot make a claim against the prime contractor's payment bond under Texas law. General (prime) contractors who are owed money by the government entity must pursue payment through contract claims or dispute resolution procedures with the public agency.

SimpleLiens.com's online notarization process: (1) You complete your lien documents using our guided questionnaire; (2) You schedule an appointment with one of our Remote Online Notaries (available on-demand, often within minutes); (3) You connect via a secure video call — the notary verifies your identity; (4) You review and sign the document electronically in the notary's presence; (5) The notary applies their digital seal; (6) Your notarized document is immediately ready for electronic filing. This is fully legally recognized under Texas law.

A commercial project is any construction or improvement project that does not qualify as a residential project — meaning it involves property that is not a residence of four or fewer units intended for use as a dwelling. Commercial projects include office buildings, retail centers, apartment complexes with five or more units, warehouses, industrial facilities, and any property owned by a business entity. Commercial projects have different pre-lien notice deadlines and lien filing deadlines compared to residential projects under Chapter 53.

No. A pre-lien notice in Texas does not need to be notarized. It must be in writing and sent by certified or registered mail (or by another method that provides verifiable proof of delivery) to the property owner and, where applicable, to the original contractor. Keep your certified mail receipts and delivery confirmations as evidence that the notice was sent on time and received.

Yes. Unlike Florida, Texas requires the mechanic's lien affidavit to be notarized before it can be filed with the County Clerk. The claimant (or an authorized officer of a claimant company) must sign the affidavit in the presence of a notary public. SimpleLiens.com offers online notarization through a Remote Online Notary (RON) — you can complete the entire notarization process online via video call with a licensed notary, without leaving your home or office.

No. You are not required to release your lien if you are still owed money. A lien release should only be filed after you have received full payment for the amount claimed in the lien, or have reached a settlement that satisfies your claim. If you release the lien before being paid, you lose the legal protection the lien provides. Never sign or file a lien release unless you have confirmed that the payment has cleared.

To file a Texas bond claim you will need: (1) The name and address of the prime contractor; (2) The name and address of the surety (bonding company) and the bond number; (3) The name of the public entity and the project name/number; (4) The dates you furnished labor or materials; (5) The amount you are owed; (6) A description of the work or materials provided; (7) The public entity's project contract number or bid number (if available). SimpleLiens.com can help you prepare and send the required notice.

Yes. You can file your mechanic's lien affidavit in person at the County Clerk's office or by mail. However, filing in person or by mail introduces delays and risks — especially given the strict deadlines in Texas lien law. If your document is lost in the mail or delayed, you could miss your deadline and lose your lien rights permanently. SimpleLiens.com's e-filing service provides immediate confirmation that your document has been submitted.

A public project is a construction project for a government entity such as a state agency, county, city, school district, or other public body. Because Texas law prohibits placing mechanic's liens on government-owned property, contractors and suppliers on public projects must instead file a bond claim against the payment bond that the general contractor is required by law to obtain. Public projects in Texas are governed by Chapter 2253 of the Texas Government Code (the Public Works Bond Act), not Chapter 53.

Yes — if you are a subcontractor or supplier on a Texas project, you should send a separate pre-lien notice for each month in which you furnished unpaid labor or materials. Texas lien law requires that you send a notice covering each calendar month's unpaid balance. If you skip a month's notice, you may lose your lien rights for that month's unpaid amounts, even if you sent notices for other months. SimpleLiens.com's pre-lien notice service makes it easy to send timely notices each month.

Any person or company that has furnished labor, materials, specially fabricated materials, or professional services to improve real property in Texas under a written or oral contract may file a mechanic's lien under Chapter 53. This includes original contractors, subcontractors, sub-subcontractors, material suppliers, equipment rental companies, laborers, architects, engineers, surveyors, and landscape architects. The claimant must comply with all applicable notice and deadline requirements.

No. You have no obligation to release a valid lien while any portion of the liened amount remains unpaid. If you have received partial payment, you may execute a partial release for the paid portion while preserving the lien for the remaining balance. Always consult with SimpleLiens.com or a Texas construction attorney before signing any lien release to ensure you are not inadvertently waiving unpaid amounts.

If you do not have the bond number or surety information, you can obtain it by: (1) Requesting it directly from the prime contractor — they are required to provide it; (2) Contacting the government entity that awarded the contract — the bond is typically a public record; (3) Searching the government entity's procurement records or vendor portal online. SimpleLiens.com can assist you in identifying the correct bond information for your project.

No. Once a document has been notarized, it cannot be modified. Any changes to the document after notarization would invalidate the notary's seal and signature, and the modified document would need to be re-notarized from scratch. This is why SimpleLiens.com has you thoroughly review all document details before the notarization step. If you discover an error after notarization, contact SimpleLiens.com immediately.

Yes. Licensed architects, engineers, surveyors, and landscape architects who prepare plans, plats, or designs for real property improvements are entitled to file a mechanic's lien in Texas under Chapter 53. Their lien rights attach to the property from the date their work or the work described in their plans commences on the ground, even if construction has not yet begun. Design professionals who are subcontractors (not in direct contract with the owner) must also send the required pre-lien notices to preserve their lien rights.

For commercial projects, no — original contractors with a direct contract with the property owner are not required to send pre-lien notices. For residential homestead projects, original contractors are required to provide the owner with a disclosure statement before signing the contract (not a monthly pre-lien notice). If you are a subcontractor hired by a general contractor, you are not the original contractor and must send monthly pre-lien notices to preserve your lien rights.

Yes. Texas law allows mechanic's liens based on oral contracts, as long as you can demonstrate that you furnished labor or materials to improve the property under an agreement with the owner or general contractor. However, having a written contract significantly strengthens your position if the lien is disputed, as it establishes the agreed price, scope of work, and payment terms. SimpleLiens.com will ask about your contract during the intake process.

Yes. If you filed a timely bond claim notice and the surety refuses to pay or does not respond, you can file a lawsuit against the prime contractor and the surety to enforce the bond. Under Chapter 2253, you must file the lawsuit within 1 year after the date the project work was completed. If successful, you may be entitled to recover the unpaid amount, court costs, and in some cases attorney's fees.

In Texas, the following mechanic's lien-related documents must be notarized before filing with the County Clerk: (1) The Mechanic's Lien Affidavit (required); (2) The Release of Lien (required when releasing a filed lien). Pre-lien notices do NOT need to be notarized — they must be sent by certified mail but are not filed with the county. Bond claim notices also do not require notarization.

Condominiums and pre-designed (spec) homes built for sale generally qualify as residential projects under Texas Property Code Chapter 53, as long as they consist of four or fewer units intended for use as a dwelling. This means the residential pre-lien notice deadlines and lien filing deadlines apply. However, large condominium developments with many units may be treated differently depending on the specific facts. If you are unsure whether your project qualifies as residential or commercial, SimpleLiens.com will help you determine the correct classification during the guided filing process.

Not always. The property owner is the person or entity holding legal title to the real property. The project owner or contracting party may be a tenant, developer, or another party who authorized the construction. A mechanic's lien in Texas can only attach to the property owner's interest in the property. If you contracted with a tenant and not the property owner, your lien rights may be limited. You should send your pre-lien notices to the actual property owner as listed in the county deed records.

It depends on your role. Original (prime) contractors on commercial projects do NOT need to send pre-lien notices and can still file a lien affidavit. However, subcontractors and suppliers who failed to send required monthly pre-lien notices will lose their lien rights for the months covered by the missing notices. They may still be able to file a lien for months where proper notices were sent. SimpleLiens.com's guided process will identify which months qualify for your lien based on your notice history.

Yes, but federal projects are governed by the federal Miller Act (40 U.S.C. §§ 3131-3134), not Texas state law. Under the Miller Act, the prime contractor must obtain a payment bond for federal construction contracts over $150,000. Claimants must serve a written notice on the prime contractor within 90 days of last furnishing, and must file a lawsuit on the bond within 1 year of last furnishing. Miller Act claims are filed in federal district court.

SimpleLiens.com offers transparent flat-rate pricing for Texas mechanic's lien documents. Visit SimpleLiens.com/pricing for current rates. County recording fees are additional and vary by county and document page length — typically $10–$50. You will see the full cost breakdown before you pay, including recording fees.

To file a mechanic's lien in Texas you will need: (1) Your name, address, and the nature of your work or materials; (2) The property owner's name and address; (3) The name and address of the party who hired you (if not the owner); (4) The property's legal description (found on the deed or county appraisal district records); (5) The first and last dates you furnished labor or materials; (6) The amount owed; (7) Records of any pre-lien notices you sent and the dates sent. SimpleLiens.com walks you through all of these fields with guided questions and generates your documents automatically.

If you are a subcontractor or supplier hired by a general contractor (not directly by the property owner), you must send monthly pre-lien notices to the property owner — and in some cases to the general contractor — to preserve your lien rights. Without timely pre-lien notices, you cannot file a valid mechanic's lien in Texas for the months covered by those missing notices, regardless of how much you are owed.

No. You file a single lien affidavit that covers all unpaid amounts for which you have properly sent pre-lien notices. The lien can cover multiple months of unpaid work in one document, as long as you sent the required pre-lien notice for each month included in the lien claim. You do not file a separate lien for each month — you file one lien affidavit listing the total unpaid balance that qualifies under your sent notices.

No. Texas Chapter 2253 does not require a written contract to file a bond claim. Oral contracts for construction work are generally enforceable. However, having a written contract significantly strengthens your position by establishing the agreed scope, price, and payment terms. If the prime contractor or surety disputes the claim, a written contract is powerful evidence of the obligation.

To complete online notarization with SimpleLiens.com you will need: (1) A government-issued photo ID (driver's license, passport, or state ID); (2) A computer, tablet, or smartphone with a camera and microphone; (3) A stable internet connection; (4) The completed document information (SimpleLiens.com generates the document for you). The entire process typically takes 5-10 minutes.

If you do not qualify to file a mechanic's lien in Texas — for example because you missed a notice deadline — you still have other options: (1) File a lawsuit for breach of contract; (2) Pursue a claim in Justice Court (small claims) for amounts up to $20,000; (3) File a complaint with the Texas Department of Licensing and Regulation if the contractor is licensed; (4) Pursue mediation or arbitration if required by your contract; (5) Report an unlicensed contractor to the appropriate state agency. A mechanic's lien is not the only path to recovering payment.

If your contract is with a tenant or lessee (not the property owner), your mechanic's lien can only attach to the tenant's leasehold interest, not the owner's fee interest in the property — unless the owner authorized or consented to the improvements. Texas courts have held that a mechanic's lien filed by a party contracting with a tenant does not bind the property owner unless the owner was involved in authorizing the work. Always verify whether the person hiring you is the actual property owner before relying on lien rights.

No. Texas law does not require you to attach invoices to your mechanic's lien affidavit. However, the lien must accurately state the amount claimed, and keeping copies of all invoices is critical for supporting your claim if the lien is disputed. Overstating the amount claimed in a lien affidavit can expose you to liability for filing a fraudulent lien. Always ensure your lien amount is accurate and supported by your actual unpaid invoices.

To file your mechanic's lien affidavit through SimpleLiens.com you will need: (1) A completed and notarized lien affidavit (SimpleLiens.com handles both); (2) The legal description of the property; (3) The county where the property is located; (4) Payment for the SimpleLiens.com service fee and county recording fee. SimpleLiens.com electronically submits your document to the correct County Clerk and provides confirmation with the document recording number.

If the property is owned by a corporation, LLC, partnership, or other business entity, you should send your pre-lien notices to the registered agent of the business entity or to the entity's principal place of business, as listed in the county deed records and the Texas Secretary of State's records. The notice should be addressed to the business entity as the property owner, not to an individual officer or employee. SimpleLiens.com will help you identify the correct owner and address during the filing process.

A legal description is the formal identification of real property as it appears in the county's official deed records — for example: 'Lot 5, Block 3, Oak Hills Subdivision, Travis County, Texas.' You can find the legal description on: (1) The property's deed at the County Clerk's office; (2) The county appraisal district's website (search by address); (3) A title report or survey. SimpleLiens.com helps you locate and verify the correct legal description.

No. Missing a pre-lien notice for one month does not eliminate your lien rights for the entire project — it only affects the amounts that were due in that specific month. You can still file a lien for amounts that were properly noticed in other months. However, the month with the missing notice will be excluded from the lien amount. This is why it is critical to send a notice every month you have unpaid work, even if you expect payment shortly.

After your lien affidavit is filed with the County Clerk: (1) The clerk records it and assigns a document number; (2) You must send a copy to the property owner and general contractor within the required timeframe; (3) The lien creates a cloud on the property's title; (4) The owner may pay the amount owed, bond off the lien, or dispute it; (5) If unpaid, you must file a lawsuit to foreclose the lien within 2 years of filing (1 year for residential homestead). Do not wait — enforcement deadlines are just as important as filing deadlines.

Yes, in some cases a pre-lien notice and a lien affidavit can be prepared and sent at the same time, but they serve different purposes and have different requirements. The pre-lien notice is sent by mail to the owner and general contractor. The lien affidavit is filed with the County Clerk and then a copy is sent to the owner. For original contractors on commercial projects who do not need pre-lien notices, this distinction does not apply. SimpleLiens.com will determine which documents you need based on your role in the project.

If your lien is filed and unpaid, you must file a lawsuit to foreclose the lien within 2 years of the filing deadline (1 year for residential homestead property). Filing a lawsuit is separate from filing the lien — the lien itself does not guarantee payment. Many lienholders resolve their claim through negotiation after the lien is filed, since the cloud on title creates significant leverage. If the property owner ignores the lien, you will need to work with a Texas construction attorney to file the foreclosure lawsuit before the deadline expires.

Sub-subcontractors (2nd-tier subcontractors) — those hired by a subcontractor rather than directly by the general contractor — have additional notice requirements in Texas. For commercial projects, they must send notices by the 15th of the 3rd month following each month of unpaid furnishing. For residential projects, they must send a second-month notice (i.e., a notice in the month before the notice would otherwise be due). These additional requirements exist because sub-subcontractors are farther from the owner in the payment chain. SimpleLiens.com guides you through the correct notice requirements for your specific tier.

Once you have received payment, you should promptly prepare and file a Release of Lien with the same County Clerk where the original lien was filed. The release removes the cloud on the property's title. Under Texas law, if a property owner makes a written request for a release after paying the debt, you must provide the release within 10 days or you may be liable for damages. SimpleLiens.com handles lien release preparation and filing.

Key Texas lien timeline for subcontractors on a commercial project: 1. Each month you perform work → send pre-lien notice by the 15th of the 3rd following month 2. When ready to file → prepare and notarize your lien affidavit 3. File the lien affidavit by the 15th of the 4th month after the month of last furnishing 4. Serve a copy on the owner within 5 days of the filing deadline 5. If unpaid → file a lawsuit to foreclose within 2 years of the filing deadline For residential projects, deadlines are one month earlier at each stage. SimpleLiens.com calculates your specific deadlines automatically.