Are Texas Lien Deadlines Most Complex in Nation?
On June 15, 2010
By Scott Wolfe Jr
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Generally speaking, lien laws and deadlines are complicated. The Texas lien statutes, however, may be among the most complex in the nation.
When calculating your deadline to file a lien, there are two features that distinguish the Texas framework from other states.
First, rather than requiring your lien be filed within so many days from the last day of providing labor, the Texas statutes calculate the due date by months, with confusing language like “by the 15th day of the month ___ months after lien claimant completes work.” Second, the notice requirements differ by project, use the same confusing calculation method, and in some circumstances require contractors to re-serve the notice month after month.
One law firm in the Dallas-Ft Worth area has gone so far as to publish a blog post each month with the lien deadlines for work performed during that month.
On our Lien Law Punchlists page, we’ve compiled two charts from lien deadline information published by Texas law firms. A contractor and supplier can quickly look at this chart to determine when its lien and notice is required. One is the Lien Deadline Chart and the other is the 2 and 3 Month Notice Chart. You can also look at our Texas Lien Law Punchlist for a more wordy explanation of these charts.
Related posts:
- Charts to Make Texas Lien and Notice Deadlines Easy
- Engineers, Architects and Surveyors – Oh My!: Texas Provides Lien Opportunities
- What You Need To Do Immediately After Filing A Construction Lien
- Chart Explaining Miller Act Claim Rights and Deadlines
About the Author: Scott Wolfe Jr
Scott is the founder of Zlien, a nationwide mechanics lien and preliminary notice filing service. Zlien publishes the Construction Lien Blog, and has done so since 2007. Scott has been a leading contributor and author on the blog since it's initial publication. Scott is also the founder of Wolfe Law Group, a construction law firm that practices along the West Coast and in Louisiana. He lives in New Orleans, LA, where he was born and raised.
Thanks Scott for the recognition. You have been a leader in our industry in trying to keep clients informed on the quagmire of lien laws.
Keep up the good work.
Hi Kelly – Thanks for stopping by and for the nice words. If you’re interested in publishing a guest post here about the Texas Deadline and/or lien scheme, I’d be happy to have you.
[...] clarity is surprising for a state whose lien laws are among the most complex in the nation. Ah, but that is not all, of course. To protect this right to lien for non-incorporated [...]