It depends upon the type of Property.
Commercial Properties: It is the later of: (1) two years after the last day from when you could file the Lien; or (2) within one year after completion, termination, or abandonment of the work under the original contract. So at a minimum, you have two years to file a Lawsuit to foreclose on the Mechanics Lien. If you fail to file a Lawsuit within this time period, the Mechanics Lien becomes invalid. See Section 53.158 of the Texas Property Code to learn more.
Residential Properties: It is the later of: (1) one year after the last day from when you could file the Lien; or (2) within one year after completion, termination, or abandonment of the work under the original contract that the Mechanics Lien is claimed. So at a minimum, you have one year to file a Lawsuit to foreclose on the Mechanics Lien. If you fail to file a Lawsuit within this time period, the Mechanics Lien becomes invalid. See Section 53.158 of the Texas Property Code to learn more.
Inside Tip
Remember, each step of the Mechanics Lien Process is a new and different opportunity to enforce payment. If you have not received the desired response to your Mechanics Lien, the next step is to file a Lawsuit. If the money is owed, typically the mere filing and serving of the Lawsuit can be enough to prompt payment. Even at this stage, you may not be filing the Lawsuit to actually see it through to a judge or jury, but instead using it as another step in the process to enforce payment now.
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