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Texas Lien Deadlines for Material Suppliers
Texas requires a "Notice of Unpaid Lien" to be provided to the owner before filing a lien if you don't have a direct contract.
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Texas is High Risk for Suppliers
Texas is High Risk for Suppliers Texas is a monthly notice state, meaning you must send a preliminary notice for each month you furnish materials and haven't been paid. Unlike states with a single deadline, missing just one month in Texas can completely eliminate your lien rights for that month's materials. This makes Texas one of the highest-risk states for material suppliers who don't have a systematic notice process.
Texas Lien Deadlines
| Deadline Type | Timing | Details |
|---|---|---|
| Monthly Preliminary Notice | By the 15th day of the 2nd month | For each month materials were furnished, notice must be sent by the 15th day of the 2nd month following that month. For non-residential projects, the 3rd month timing may apply for certain notices. Use the calculator to determine your specific deadline based on project type. |
| Lien Filing (Residential) | 15th day of the 3rd month | Must file lien by the 15th day of the 3rd month after the month you last furnished materials on a residential project. |
| Lien Filing (Non-Residential) | 15th day of the 4th month | Must file lien by the 15th day of the 4th month after the month you last furnished materials on a non-residential project. |
| Monthly Notices Required | Each month furnished | You must send a preliminary notice for each month you furnished materials and haven't been paid. Missing one month forfeits rights for that month only. |
| Retainage Notice | Separate deadline | Texas has separate retainage notice timing requirements. Use the calculator to determine your specific retainage notice deadline. |
| Notice Method | Certified mail, in person, or traceable delivery | Notices must be sent via certified mail, delivered in person, or sent via traceable private delivery service. Proof of delivery is critical. |
| Enforcement Period | 1 year from last filing date | You have 1 year from the last date you could file a lien to enforce it through legal action. |
| Statutes | Texas Property Code | §53.001 et seq.; §53.052; §53.056; §53.057; §53.055; §53.158 |
Common Supplier Mistakes in Texas
Texas Lien Deadlines
Deadline Type Timing Details Monthly Preliminary Notice By the 15th day of the 2nd month For each month materials were furnished, notice must be sent by the 15th day of the 2nd month following that month. For non-residential projects, the 3rd month timing may apply for certain notices. Use the calculator to determine your specific deadline based on project type. Lien Filing (Residential) 15th day of the 3rd month Must file lien by the 15th day of the 3rd month after the month you last furnished materials on a residential project. Lien Filing (Non-Residential) 15th day of the 4th month Must file lien by the 15th day of the 4th month after the month you last furnished materials on a non-residential project. Monthly Notices Required Each month furnished You must send a preliminary notice for each month you furnished materials and haven't been paid. Missing one month forfeits rights for that month only. Retainage Notice Separate deadline Texas has separate retainage notice timing requirements. Use the calculator to determine your specific retainage notice deadline. Notice Method Certified mail, in person, or traceable delivery Notices must be sent via certified mail, delivered in person, or sent via traceable private delivery service. Proof of delivery is critical. Enforcement Period 1 year from last filing date You have 1 year from the last date you could file a lien to enforce it through legal action. Statutes Texas Property Code §53.001 et seq.; §53.052; §53.056; §53.057; §53.055; §53.158
Treating Texas Like a Single-Deadline State
Many suppliers assume Texas has one deadline per project. In reality, you need a notice for each month you furnish materials. This requires ongoing tracking, not a one-time notice.
Missing One Month of Notices
If you furnished materials in January, February, and March but only sent notices for January and March, you've lost lien rights for February's materials. Each month stands alone.
Confusing Residential vs Non-Residential Timelines
Residential projects have a 3rd-month lien filing deadline, while non-residential projects have a 4th-month deadline. Using the wrong timeline can cause you to miss your filing window entirely.
Not Using Traceable Delivery
Texas requires proof of delivery. Regular mail won't work. You must use certified mail, in-person delivery, or a traceable private delivery service. Without proof, your notice may be invalid.
Waiting Until Collections Gets Involved
By the time accounts receivable escalates to collections, it's often too late. Preliminary notices must be sent proactively during the 15th-day window. Waiting until payment is overdue means you've already missed your notice deadline.
When is the Texas monthly notice due?
The monthly preliminary notice must be sent by the 15th day of the 2nd month following the month you furnished materials. For example, if you furnished materials in January, your notice is due by February 15th. For non-residential projects, certain notices may have a 3rd-month timing requirement.
Do I need a notice every month?
Yes. Texas requires a preliminary notice for each month you furnish materials and haven't been paid. If you furnish materials in January, February, and March, you need three separate notices—one for each month. Missing one month forfeits your lien rights for that month's materials.
What's the difference between residential and commercial deadlines?
For preliminary notices, the timing is generally the same (15th day of the 2nd month). However, lien filing deadlines differ: residential projects require filing by the 15th day of the 3rd month after last furnishing, while non-residential projects require filing by the 15th day of the 4th month. Always verify your project type to use the correct deadline.
How do I send the notice (proof)?
Texas requires proof of delivery. You can send notices via certified mail (with return receipt), deliver them in person (with proof of delivery), or use a traceable private delivery service. Regular mail is not sufficient. Always keep proof of delivery, as you may need it to enforce your lien rights.
When do I have to enforce the lien?
You have 1 year from the last date you could file a lien to enforce it through legal action. This enforcement deadline is separate from the lien filing deadline. Once you file the lien, you must take legal action to enforce it within this 1-year window, or you'll lose your rights.
What happens if I miss a monthly notice?
Missing a monthly notice forfeits your lien rights for that specific month's materials only. Your rights for other months remain intact if you sent notices for those months. However, this partial loss can still be significant, especially if the missed month had high-value materials. This guide is for informational purposes only and does not constitute legal advice. Always verify deadlines with a licensed Texas construction attorney.
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Frequently Asked Questions
What happens if I miss a monthly notice?
Missing a monthly notice forfeits your lien rights for that specific month's materials only. Your rights for other months remain intact if you sent notices for those months. However, this partial loss can still be significant, especially if the missed month had high-value materials. This guide is for informational purposes only and does not constitute legal advice. Always verify deadlines with a licensed Texas construction attorney.
Disclaimer: This content is for informational purposes only and does not constitute legal advice.