James D. Lynch
In Texas, contractors must file an Affidavit of Mechanic’s Lien by a certain deadline in order to protect their right to file a lien claim. The deadlines are strictly enforced by the courts, and the failure to comply could result in a waiver of the mechanic’s lien claim.
A residential property lien affidavit must be filed no later than the 15th day of the 3rd month following completion of the contract. For example, if the work was completed on June 1st, the lien must be filed by September 15th. If the work was completed on June 30th, the lien still must be filed by September 15th. Commercial property liens get one extra month.
The deadline to file a lien is not extended if the 15th falls on a Saturday, Sunday, or legal holiday. For example, if September 15th falls on a Sunday, the lien affidavit must be filed by Friday, September 13th.
In certain cases, there may also be a notice requirement. Such notices will also have deadlines prior to the lien affidavit filing deadline.