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Most contractors are well aware that Texas law provides for mechanic's liens under Chapter 53 of the Texas Property Code, also known as “statutory liens.” As most are also aware, the statutory lien process is complex and has a slew of notice requirements with stringent deadlines which, if not met, can be fatal to ...

A mechanic's lien can only be foreclosed on by the judgment of a court of competent jurisdiction. The judgment entered in such a proceeding shall foreclose the lien and order the sale of the property subject to that lien.

If contractors and suppliers don't get paid on a construction project in Texas, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.

Remedial Bonds Under Section 53.171 of the Texas Property Code: Under Section 53.171(c) of the Texas Property Code, a mechanic's lien can be discharged with a bond even after the dispute has arisen and the lien has been filed. The bond must be substantially higher than the lien amounts.

In Texas, the general rule is that the deadline to foreclose on the lien claim is one year from the last date the claimant could have filed a lien.

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.

Under Civil Code '3110, the following suppliers of labor or material are entitled to a mechanics' lien: Mechanics, materialmen, contractors, subcontractors, lessors of equipment, artisans, architects, registered engender, licensed land surveyors, machinists, builders, teamsters and draymen, and all persons and laborers ...

In all cases, Texas requires that you send a separate pre-lien notice for each month you're not paid, or you will forfeit your right to file a mechanics lien for that month's work.

All of this language is a bit dense, but essentially, anyone who has an agreement to improve property with you directly, or an agreement with another contractor who has such an agreement with you, can file a lien if left unpaid. This commonly includes contractors, subcontractors, and material suppliers.