Texas Mechanics Lien Laws

What Laws Control the Filing of a Mechanics Lien?

Texas Property Code Sections 53.001 through 53.176 contain the general provisions for filing a Lien against a privately owned Property in Texas and Sections 53.251 through 53.260 set forth special requirements for filing a Lien against a “residential” Property in Texas.  These statutes are strictly enforced by the courts.  If you fail to timely serve any of the Pre-Lien Notices or fail to timely record your Mechanics Lien, you have likely waived your right to enforce payment by way of the Lien process.

In addition to a statutory Mechanics Lien, the Texas Constitution, Article XVI, Section 37, provides certain Prime Contractors (those who have a direct contract with the Property Owner or the Owner’s Agent) with a second basis for a Mechanics Lien, known as a “constitutional Mechanics Lien.”  Unlike a statutory Mechanics Lien (which must be filed within a short time period from completion of the work), a constitutional Mechanics Lien can potentially be filed up to four years from the completion of the entire Project.

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