Texas Lien Provision Assistance Guide

The Credit Management Association Lien Provision Assistance Guide provides provisions to meet individual state statutes in all fifty states. CMA makes no warranty expressed or implied in respect to the information provided on this site. The information contained is not to be construed as legal advice. For more detailed information, we encourage you to review the statutes regarding lien provisions specific to the state you are providing materials or improving property. For legal information, CMA suggests you consult with an attorney.

PRIVATE

PUBLIC
Obtain Copy of Payment Bond
FEDERAL
Obtain Copy of Payment Bond
Preliminary Notice If direct contract with the Owner (i.e. General Contractor), then no preliminary notice required. File lien by the 15th day of the 4th calendar month after the day on which the indebtedness accrues for Commercial projects AND 15th day of 3rd month following the day on which the indebtedness accrues for Residential project.

If contracted with General/Original Contractor (i.e. Subcontractor/Supplier), must give preliminary notice not later than the 15th day of 3rd month following the day on which the indebtedness accrues;

If contracted with second tier subcontractor or below (i.e. 2nd  or 3rd Tier Subcontractor/Supplier without direct contract with the General Contractor) on Commercial projects: must give preliminary notice not later than the 15th day of 2nd month following the day on which the indebtedness accrues AND must give preliminary notice not later than the 15th day of 3rd month following the day on which the indebtedness accrues; on Residential projects: must give preliminary notice not later than the 15th day of 2nd month following the day on which the indebtedness accrues

15th day of the second month following each month Recommended but not required
Bond Claim Recorded bond claims – Same as lien 15th day of the third month following each month 90 days from last furnishing
Lien Commercial: a) General Contractor – 15th day of 4th month following the day on which the indebtedness accrues; b) Subcontrator/Suppliers – 15th day of 4th month following the day on which the indebtedness accrues;

Residential: a) General Contractor – 15th day of 3rd month following the day on which the indebtedness accrues; b) Subcontrator/Suppliers – 15th day of 3rd month following the day on which the indebtedness accrues.

N/A N/A
Release Upon satisfaction Upon satisfaction Upon satisfaction
Suit Commercial: the later of 1 year from completion or 2 years from last date a lien could be filed; residential: the later of 1 year from completion or 1 year from last date lien could be filed 1 year 1 year

 

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