Texas Mechanics Lien Form for Subcontractors & Suppliers

Construction parties who do not get paid on a project generally have the right to file a mechanics lien to recover payment. However, Texas mechanics lien requirements are some of the most complicated in the country. Subcontractors and suppliers (known in this form as “Tiered Parties”) can use this Affidavit of Lien form to file a mechanics lien and get paid.

This mechanics lien form is for subcontractors and suppliers in Texas. General contractors (those who contracted directly with the property owner) should use the Texas Affidavit of Lien by Original Contractor form.

In Texas, the mechanics lien form is known as an Affidavit of Lien. Before you download and complete the form, take the time to read through and understand how to file a mechanics lien in Texas.

Who should use this form

This Texas Affidavit of Lien by Tiered Contractor or Supplier form is for subcontractors or suppliers (or another party who did not contract directly with the property owner) who want to file a lien on a construction project. 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.

Texas has very specific and numerous requirements that govern the information and text that must be included on the lien form itself. Make sure you have this information when filling out this notice of lien form. Missing or incorrect information may result in an invalid lien.

Affidavit form requirements

The affidavit must be signed by the person claiming the lien or by another person on the claimant’s behalf and must contain substantially:

1. a sworn statement of the amount of the claim;
2. the name and last known address of the owner or reputed owner;
3. a general statement of the kind of work done and materials furnished by the claimant and, for a claimant other than an original contractor, a statement of each month in which the work was done and materials furnished for which payment is requested;
4. the name and last known address of the person by whom the claimant was employed or to whom the claimant furnished the materials or labor;
5. the name and last known address of the original contractor;
6. a description, legally sufficient for identification, of the property sought to be charged with the lien;
7. the claimant’s name, mailing address, and, if different, physical address; and
8. for a claimant other than an original contractor, a statement identifying the date each notice of the claim was sent to the owner and the method by which the notice was sent.

The subcontractor or supplier filing the lien claim may attach to a copy of any applicable written agreement or contract and a copy of each notice sent to the owner and/or GC.

The affidavit is not required to set forth individual items of work done or material furnished or specially fabricated. The affidavit may use any abbreviations or symbols customary in the trade.

This form meets the requirements the statutes set forth in Texas property code.

Where to deliver the completed affidavit form

A claimant must record the completed Affidavit of Lien, along with any attachments or exhibits, to the county recorder office in the county where the property is located.

View all Texas county recorder offices, including contact and lien filing information