Texas Lien Forms

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File A Mechanics Lien

Texas Mechanics Lien Forms

Texas Mechanics Lien and Preliminary Notice forms available for free download in PDF format. All forms are made available by zlien subject to our terms of use.

Texas Affidavit of Commencement

It’s sometimes difficult to pinpoint the commencement date of a project. In Texas, owners can file an “Affidavit of Commencement” to establish this date.

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Texas Affidavit of Completion

Determining the date of a project’s completion can be difficult.  In Texas, the owner can file a Notice of Completion to set this date.   The notice is filed with the county recorder and should then be delivered immediately to the original contractor and any claimants who have delivered notice to the property owner.   This product includes the filing of the Notice with the county recorder, and delivery to appropriate parties.

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Texas Affidavit of Lien by Original Contractor

The construction or mechanics lien, known in Texas as an Affidavit of Lien, is filed on private construction jobs. Construction liens are available to parties who have performed labor or provided materials to a jobsite, and have provided the proper notice to the owner and general contractor.

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Texas Affidavit of Lien by Subcontractor

The construction or mechanics lien, known in Texas as an Affidavit of Lien, is filed on private construction jobs. Construction liens are available to parties who have performed labor or provided materials to a jobsite, and have provided the proper notice to the owner and general contractor.

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Texas Release of Lien

Mechanic Liens and statements must be canceled once payment has been received, or for any other reasons. In Texas the claimant, once paid, must provide a Release of Lien to the paying party, which can be filed with the recorder to cancel the previously filed instruments.

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Texas Second Month Notice

Lower Tier Subcontractors and Suppliers (those who do not contract directly with the Original Contractor) must deliver a “Two Month Notice” to the original contractor to preserve lien rights. The notice must be delivered whenever work has been completed, and unpaid. It is due on the 15th day, 2 months (commercial) or 1 month (residential) after the unpaid work was performed. <a href=”http://www.expresslien.com/help-support/lien-law-punchlists-and-forms/texas-two-and-three-month-notice-deadline-chart/”>See chart here</a> for deadlines.

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Texas Third Month Notice

Subcontractors and Suppliers (those who do not contract directly with the property owner) must deliver a “Three Month Notice” to the original contractor to preserve lien rights. The notice must be delivered whenever work has been completed, and unpaid. It is due on the 15th day, 3 months after the unpaid work was performed.

Learn when to send your third month notice.

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Texas Conditional Waiver and Release on Progress Payment

Informally known as a Partial-Conditional lien waiver. This document waives the right to file a lien against a partial (or progress) payment, but is only valid in the event that the payment is made.

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Texas Conditional Waiver and Release on Final Payment

Informally known as a Final-Conditional lien waiver. This document waives the right to file a lienfor a final payment (e.g. when payment is made and no further payment is expected on the project). This waiver is only valid in the event that the payment is made.

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Texas Unconditional Waiver and Release on Progress Payment

Informally known as a Partial-Unconditional lien waiver. This document waives the right to file a lien for a partial (or progress) payment. This waiver is valid whether or not payment is actually received (it is unconditional).

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Texas Unconditional Waiver and Release on Final Payment

Informally known as a Final-Unconditional lien waiver. This document waives the right to file a lien for a final payment (e.g. when payment is made and no further payment is expected on the project). This waiver is valid whether or not payment is actually received (it is unconditional).

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Texas Notice of Contract Retainage

To file a lien against the contractual retainage withheld on a contract, a Texas contractor must send a Notice of Contractual Retainage to the owner and original contractor on the 15th day of the 2nd month after labor and/or materials are first delivered. To assist you with this deadline, we created a <a href=”http://www.zlienit.com/help-support/lien-law-punchlists-and-forms/texas-two-and-three-month-notice-deadline-chart/”>Deadline Chart</a> for Texas.   Look at this chart, find the month when the work was performed, and it will give you the date your notice is due (use Two Month Notice Chart).

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Texas Notice of Specially Fabricated Materials

This is not a required notice.   However, under the Texas Property Code Section 53.0231(a), a person who specially fabricates materials that are unsuitable for use on other projects are entitled to lien, even if the materials are never delivered to the site (i.e. the contract is canceled). To preserve this right, however, suppliers must send a Notice of Specially Fabricated Materials after executing their material contract.

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Texas Residential Notice Letter to Owner

Subcontractors and Suppliers (those who do not contract directly with the owner) must deliver a “Residential Notice to Owner” to the owner and original contractor to preserve lien rights. The notice must be delivered whenever work has been completed, and unpaid. It is due on the 15th day of the 2nd month after the unpaid work was performed.

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Texas Notice to Owner on Residential Project to Trap Funds

Subcontractors and Suppliers (those who do not contract directly with the owner) must deliver a “Residential Notice to Owner” to the owner and original contractor to preserve lien rights. The notice must be delivered whenever work has been completed, and unpaid. It is due on the 15th day of the 2nd month after the unpaid work was performed.

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Texas Request for Notice of Termination

A “Request for Notice of Termination or Abandonment” is not a required notice.  However, if the general contractor is terminated or abandons the project before work is complete, it can significantly reduce the time subs and suppliers have to file a lien (it reduces it to 30 days from the termination/abandonment). Sending this notice requires the owner to inform you of any termination or abandonment, and therefore, puts you on notice to file your lien under the shortened time frame.

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