Every month in Texas, contractors and subcontractors forfeit $95,000+ in legitimate payments, not because their work was substandard or materials were defective, but because they missed Texas’s unforgiving lien notice requirements. Fail to send monthly notices, miss the 15th day deadline, or incorrectly identify fund sources, and Texas courts will reject your lien claim regardless of the work quality or contract terms.
In Texas, timing is everything. One missed deadline means losing all payment protection.
At The Cromeens Law Firm, we help Houston construction professionals navigate Texas’s powerful but demanding lien system with a proven 92% success rate in securing payments before foreclosure becomes necessary.
A mechanic’s lien is a legal security interest you place against property when payment is withheld for completed work or delivered materials. In Texas, it can:
However, Texas lien law demands precise compliance with notice requirements and filing deadlines. If your monthly notices are late, your affidavit lacks required elements, or you miss Texas’s specific procedural mandates, your lien becomes worthless, regardless of the amount owed.
Texas’s deadlines are absolute and create numerous opportunities for devastating errors:
Monthly Notices: Required by 15th of second month following each month work is performed Lien Filing: By 15th of fourth month after work completion or contract termination Original Contractor Liens: By 15th of fourth month after completion or abandonment Subcontractor Liens: By 15th of third month after completion of work Fund Trapping: Specific deadlines for payment interception procedures Lien Enforcement: 2 years from filing date to initiate foreclosure action
Missing any deadline eliminates your lien rights completely, regardless of how strong your underlying payment claim may be.
Most unsuccessful liens fail due to Texas’s demanding technical requirements:
Missing monthly notices Required for subcontractors to preserve maximum lien rights Incorrect fund identification Texas requires specific identification of funding sources Improper property descriptions Harris County property records demand precise legal descriptions Timing miscalculations Multiple overlapping deadlines create widespread confusion Inadequate affidavit content Missing required statutory language invalidates filings
We prevent these failures. Our attorneys personally verify every detail and manage all filings with Harris County courts and recording offices.
Texas operates one of the nation’s most powerful lien systems, governed by Property Code Chapters 53 and 162, but requires absolute precision for protection:
Mandatory Monthly Notices: Texas subcontractors must send monthly notices by the 15th of the second month following work performance. These notices are not suggestions, they’re requirements for maintaining full lien rights.
Fund Trapping Procedures: Texas allows subcontractors to intercept payments before they reach general contractors, but this requires specific notice procedures and timing that must be executed flawlessly.
Multiple Filing Scenarios: Texas completion dates vary based on contract type, work scope, and project status, creating confusion about applicable deadlines for your specific situation.
Complex Notice Recipients: Texas requires notices to property owners, original contractors, and construction lenders using procedures that extend far beyond simple certified mail.
Dual Collection Strategies: Texas offers both traditional liens and fund trapping procedures, but coordinating them incorrectly can actually damage your collection position.
Retainage Complications: Texas retainage laws interact with lien rights in complex ways that can affect your payment priority and enforcement options.
Harris County Specific Challenges: Rapid development in the Houston area creates frequent ownership transfers and subdivision changes that can invalidate lien descriptions if not properly researched.
These technical requirements make Texas one of the most demanding states for lien filing, which is why professional legal representation isn’t optional, it’s essential for protecting your payment rights.
A valid Texas lien becomes your most powerful collection weapon:
Subcontractors in Texas: You provide the skilled labor and specialized materials, often extending credit for weeks or months. With Texas’s monthly notice requirements and varying completion deadlines, procedural compliance becomes critical for payment security.
We respond immediately:
Material Suppliers: Texas provides substantial protections through coordinated lien and fund trapping procedures, but only when implemented correctly.
We ensure protection by:
Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Texas lien laws involve highly technical requirements that depend on your project’s specific circumstances. Consult a qualified Texas construction attorney to protect your lien rights.
Specialized Texas Subcontractor Focus: We specialize in subcontractor collections under Texas law, not general debt collection practice. We understand the unique challenges subcontractors face in complex payment chains.
Texas-Licensed Attorneys with Local Knowledge: We know Houston, the Greater Houston construction market, its players, Harris County court and recording systems, and the common payment disputes that trap subcontractors in lengthy collection battles.
Proven Success in Texas’s Complex Environment: 92% of our liens result in payment before foreclosure, all while maintaining full Texas regulatory compliance. We’ve helped hundreds of subcontractors recover millions in unpaid invoices.
Regulatory Expertise: Deep understanding of Texas Property Code Chapter 53 mechanics lien requirements, monthly notice obligations, fund trapping procedures, retainage claim processes, and state-specific regulations that affect subcontractor collections and lien rights.
Every day of delay jeopardizes your lien rights. Texas’s demanding system provides no second opportunities, and monthly notice deadlines begin accumulating from your first day of project work.
Call (210) 328-1645 today for expert lien assistance in Houston, Texas.
1345 Campbell Rd #200, Houston, TX 77055, United States
Open 24 hours
We offer a pay as you go option through our general retainer, where you can pay for each step individually.
Includes extensive research, collection calls to all parties, intent letters sent via certified mail, and the lien filing.
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Once you become a client of The Cromeens Law Firm, we are your one-stop shop for any legal issues that arise.
Subcontractors have until the 15th of the third month after work completion, while original contractors have until the 15th of the fourth month. However, monthly notices must be sent by the 15th of the second month following each month work is performed.
Harris County District Court for affidavits and Harris County Clerk’s Office for recording. Both filings are mandatory for valid lien creation.
Monthly notices inform property owners and original contractors about work performed each month. Texas subcontractors must send these by the 15th of the second month following work performance to preserve full lien rights.
Texas law permits self-filing, but the monthly notice requirements, fund trapping procedures, and deadline variations make errors highly probable. Given the substantial stakes and complex requirements, most professionals utilize legal representation.
Two years from recording date. You must initiate foreclosure proceedings within that timeframe if payment is not received.
A Texas-specific procedure allowing subcontractors to intercept payments before they reach general contractors. When executed properly, it can be more effective than traditional lien enforcement in securing prompt payment.
Yes, energy and petrochemical projects often involve complex ownership structures, multiple prime contractors, and specialized funding arrangements that require careful analysis for proper lien filing and fund trapping procedures.
Monthly notices are required for subcontractors to maintain full lien rights in Texas. Missing these notices can reduce your lien amount or eliminate certain enforcement options, even if you file the lien itself correctly.
