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Texas Private Time Frames

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Texas Private Time Frames - Commercial Projects


Step 1: Notice - privately owned jobs – original/prime contracts signed PRIOR to 1/1/22
*If you don’t know when the prime contract was entered into, you should continue sending 2nd and 3rd month notices.
Commercial
  • Contracting with the prime contractor:
    • Serve notice upon the owner and prime contractor no later than the 15th day of the third calendar month following each month in which materials or services were furnished.
  • Contracting with remote contractors and suppliers:
    • Serve the prime contractor no later than the 15th day of the second month following each month in which all or part of the claimant’s labor was performed or material delivered.
    • Serve the owner and prime contractor no later than the 15th day of the third month following each month in which all or part of the claimant’s labor was performed or material delivered.

 Step 1: Notice - privately owned jobs – original/prime contracts signed AFTER 1/1/22
*If you don’t know when the prime contract was entered into, you should continue sending 2nd and 3rd month notices.
Commercial
  • All Subcontractor/Supplier notice requirements:
    • Serve the prime contractor no later than the 15th day of the second month following each month in which all or part of the claimant’s labor was performed or material delivered. (Optional notice that remote contractors and suppliers may serve to help prompt payment.)
  • Serve the owner and prime contractor no later than the *15th day of the third month following each month in which all or part of the claimant’s labor was performed or material delivered. (*notice required to have lien rights on original/prime contracts signed AFTER 1/1/22)

 Step 2: Lien
  • Contract with owner: Record lien no later than the 15th day of the fourth month following the last month in which materials or services were furnished.
  • Others: File the lien no later than the 15th day of the fourth calendar month following the last month in which materials or services were furnished but within 30 days from completion.
  • OR 30 days from receiving written demand from owner to commence filing, or 4 months from completion of entire project if the owner fails to provide notice of completion or termination if previously requested by claimant.


Step 3: Foreclosure - Privately owned jobs – original/prime contracts signed PRIOR to 1/1/22
*If you don’t know when the prime contract was entered into, file suit to foreclose within 1 year from when the lien was recorded.
  • Within 2 years after the last day a claimant may file the lien or within 1 year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later.

Step 3: Foreclosure - Privately owned jobs – original/prime contracts signed AFTER 1/1/22
*If you don’t know when the prime contract was entered into, file suit to foreclose within 1 year from when the lien was recorded.
  • Within 1 year from last day claimant can file lien affidavit 
  • May be extended to two years after date lien affidavit filed, if:
    1. Written agreement with Owner:
    2. Agreement entered before original one-year deadline, and
    3. Agreement recoded with County Clerk  

Texas Private Time Frames - Residential Projects

Step 1: Notice
Residential

 

      • Contracting with the owner:
              • Prior to beginning construction, provide a written list identifying each subcontractor and supplier to be used and provide updated lists no later than the 15th day after the date the subcontractor or supplier is added.
      • Contracting with the prime contractor or sub-contractors:
        • Serve notice upon the owner and prime contractor no later than the 15th day of the second month following each month in which materials or services were furnished.

Step 2: Lien
        • Contract with owner: Record lien no later than the 15th day of the third month following the last month in which materials or services were furnished.
        • Others: File the lien no later than the 15th day of the third month following the last month in which materials or services were furnished but within 30 days from completion.

Step 3: Foreclosure
        • Within 1 year after the last day a claimant may file a lien or within 1 year after completion, termination, or abandonment of the work under the original contract which the lien is claimed, whichever is later.

Texas Private Time Frames - Notice of Specially Fabricated Material & Retainage


Privately owned jobs – original/prime contracts signed PRIOR to 1/1/22
Special Material
        • When furnishing specially fabricated material: The claimant must give the owner notice no later than the 15th day of the second month after the month in which the claimant receives and accepts the order for the material. If other then prime, claimant must also give notice within that time to the prime contractor.
Retainage

Agreement with owner: Serve the owner not later than the earlier of:

        1. 30th day after the claimant's agreement providing for retainage is completed, terminated or abandoned, or
        2. 30th day after the date the original contract is terminated or abandoned.

Claimants who have an agreement for retainage with a subcontractor must give same notice above to the owner and general contractor. The notice of retainage is not required when provided on a monthly basis under 53.056 or on residential construction when provided on monthly basis under 53.252
Privately owned jobs – original/prime contracts signed AFTER 1/1/22
Special Material - Fabricated material for use as a component in the work that is reasonably unsuitable to use elsewhere (custom-made, not stock).
        • Notice after Sub completes work or
        • Notice no later than the 15th day of the third month after the month in which the material would normally have been delivered
        • Allows the ability to lien for materials that were fabricated but not yet delivered
Retainage
        • Only notice if amount not already included in 3rd month notice(s)
        • The claimant must send the notice of claim for unpaid retainage to the owner or reputed owner and the original contractor not later than the earlier of:
        1. 30th day after the claimant's agreement providing for retainage is completed, terminated or abandoned, or
        2. 30th day after the date the original contract is terminated or abandoned.

Claimants who have an agreement for retainage with a subcontractor must give same notice above to the owner and general contractor. The notice of retainage is not required when provided on a monthly basis.

Step 2: Lien Retainage General Contracts signed after 1/1/22

  • File the lien no later than the 15th day of the third calendar month after original contract complete, terminated or abandoned

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