Texas Affidavit of Completion FAQs

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Texas Affidavit of Completion

Texas has some of the most confusing notice requirements in the country. Subs and suppliers must provide monthly notices about outstanding amounts in order to retain their right to file a lien. They must also send a Notice of Contractual Retainage to protect their right to file a lien on retention funds.

When a project is complete, an Affidavit of Completion (also referred to as a Notice of Completion) can be filed at the county clerk’s office to establish the exact completion date. If filed, the date on the affidavit is used to establish the deadline for filing liens on retainage, which is the 40th day after the date on the notice. If the notice is filed more than 10 days after completion, the lien deadline calculation starts on the date the notice was filed, not the completion date noted on the affidavit.

The Affidavit of Completion must contain:

  • The name and address of the owner
  • The name and address of the prime contractor
  • A description of the property
  • A description of the improvements under the original contract
  • A statement that the improvements under the original contract have been completed and the date of completion 
  • A statement that “a claimant may not have a lien on retained funds unless the claimant files an affidavit claiming a lien not later than the 40th day after the date the work under the original contract is completed.”

Generally, liens on retainage must be filed no later than the 15th day of the fourth month (third month for residential projects) following the month in which the lien claimant last furnished labor or material to the project AND not later than 30 days after the entire project is completed, abandoned, or terminated — whichever is earlier.

However, this deadline can be changed if the property owner takes specific action, such as:

  • If the owner files and serves an Affidavit of Completion: The claimant must file by the 40th day after the date stated in the affidavit of completion as the date of completion of the work under the original contract.
  • If the owner sends a notice of termination or abandonment: The claimant must file by the 40th day after the date of termination or abandonment of the original contract.
  • If the owner sends a demand that the claimant file the lien affidavit: The claimant must file by the 30th day after the date the owner sent the claimant to the claimant’s address provided in the notice for contractual retainage.

In order to have a lien against the retained funds, and make the owner personally liable for their payment, the claimant must give the Notice of Contractual Retainage as set forth above, and file a lien affidavit.

NOTE: Due to Texas HB2237,  The effect of shortening the retainage lien filing deadline will no longer apply on projects where the original contract is entered into after January 1, 2022.

In Texas, filing an Affidavit of Completion is voluntary. It’s usually filed by the project owner but can also be filed by the general contractor.

Texas Notice of Completion FAQs

There is a lot of information to digest about Texas' Affidavit of Completion. This Q&A-style breakdown can help you with frequently asked questions about its rules, requirements, and implications.

For Property Owners & Contractors

Is an Affidavit of Completion required in Texas?

Short answer: No.

An Affidavit of Completion can be filed by the owner or general contractor. It helps to establish the completion date for the project, as well as the filing deadline for liens on unpaid contractual retainage.

How does an Affidavit of Completion affect a construction project in Texas?

An Affidavit of Completion sets the deadlines for filing a lien on retention. When one is filed and properly served, the deadline is 40 days after the completion date on the affidavit.

Learn more: What is the need for an Affidavit of Completion from the owner in Texas?

Who needs to file an Affidavit of Completion in Texas?

An Affidavit of Completion is typically filed by the property owner, however, in practice, it is not uncommon for a GC to file the affidavit and agent of or on behalf of the property owner.

Learn more: Who files an Affidavit of Completion in the state of Texas, the owner or the general contractor?

Where is the Affidavit of Completion filed?

An Affidavit of Completion is filed and recorded at the county clerk’s office in the county the project is located. To locate the appropriate clerk’s office, see our list

An original signed copy is recorded at the county, and copies of the recorded document are required to be provided to the project owner, general contractor, and contractors and suppliers who provided monthly notices. Copies must be sent via certified or registered mail, so you have proof of when the notice was mailed.

How do I find out if an Affidavit of Completion was filed?

Copies of the Affidavit of Completion are sent to all subcontractors and suppliers that have sent monthly notices of lien liability on the project.

To ensure you get a copy of an Affidavit of Completion, you need to send the monthly notices as required by statute. You can also request a copy from the owner, who must send it to you within 10 days of receiving your request.

What happens if an Affidavit of Completion isn’t filed?

If an Affidavit of Completion isn’t filed, the typical deadlines for filing a lien on retainage apply — which can be:

  • 15th day of the fourth month after work was last furnished
  • 15th day of the third month for residential projects
  • 40 days after the termination or abandonment of the original contract
  • 30 days after receiving a demand to file from the property owner — whichever is earlier.

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Texas Affidavit of Completion Form

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TX Affidavit of Completion Statutes

The provisions of the Texas statutes that govern the filing and effects of an Affidavit of Completion can be found under Texas Property Code §§ 53.057 & 53.106 and are reproduced below.

TX Affidavit of Completion

§ 53.057. Derivative Claimant: Notice for Contractual Retainage Claim

(a) A claimant may give notice under this section instead of or in addition to notice under Section 53.056 or 53.252 if the claimant is to labor, furnish labor or materials, or specially fabricate materials, or has labored, furnished labor or materials, or specially fabricated materials, under an agreement with an original contractor or a subcontractor providing for retainage.

(b) The claimant must give the owner or reputed owner notice of contractual retainage not later than the earlier of:

(1) the 30th day after the date the claimant’s agreement providing for retainage is completed, terminated, or abandoned; or

(2) the 30th day after the date the original contract is terminated or abandoned.

(b-1) If an agreement for contractual retainage is with a subcontractor, the claimant must also give the notice of contractual retainage to the original contractor within the period prescribed by Subsection (b).

(c) The notice must generally state the existence of a requirement for retainage and contain:

(1) the name and address of the claimant; and

(2) if the agreement is with a subcontractor, the name and address of the subcontractor.

(d) The notice must be sent to the last known business or residence address of the owner or reputed owner or the original contractor, as applicable.

(e) If a claimant gives notice under this section and Section 53.055 or, if the claim relates to a residential construction project, under this section and Section 53.252, the claimant is not required to give any other notice as to the retainage.

(f) A claimant has a lien on, and the owner is personally liable to the claimant for, the retained funds under Subchapter E if the claimant:

(1) gives notice in accordance with this section and:

(A) complies with Subchapter E; or

(B) files an affidavit claiming a lien not later than the earliest of:

(i) the date required for filing an affidavit under Section 53.052;

(ii) the 40th day after the date stated in an affidavit of completion as the date of completion of the work under the original contract, if the owner sent the claimant notice of an affidavit of completion in the time and manner required;

(iii) the 40th day after the date of termination or abandonment of the original contract, if the owner sent the claimant a notice of such termination or abandonment in the time and manner required; or

(iv) the 30th day after the date the owner sent to the claimant to the claimant’s address provided in the notice for contractual retainage, as required under Subsection (c), a written notice of demand for the claimant to file the affidavit claiming a lien; and

(2) gives the notice of the filed affidavit as required by Section 53.055.

(g) The written demand under Subsection (f)(1)(B)(iv):

(1) must contain the owner’s name and address and a description, legally sufficient for identification, of the real property on which the improvement is located;

(2) must state that the claimant must file the lien affidavit not later than the 30th day after the date the demand is sent; and

(3) is effective only for the amount of contractual retainage earned by the claimant as of the day the demand was sent.

§ 53.106. Affidavit of Completion

(a) An owner may file with the county clerk of the county in which the property is located an affidavit of completion. The affidavit must contain:

(1) the name and address of the owner;

(2) the name and address of the original contractor;

(3) a description, legally sufficient for identification, of the real property on which the improvements are located;

(4) a description of the improvements furnished under the original contract;

(5) a statement that the improvements under the original contract have been completed and the date of completion; and

(6) a conspicuous statement that a claimant may not have a lien on retained funds unless the claimant files an affidavit claiming a lien not later than the 40th day after the date the work under the original contract is completed.

(b) A copy of the affidavit must be sent by certified or registered mail to the original contractor not later than the date the affidavit is filed and to each claimant who sends a notice of lien liability to the owner under Section 53.056, 53.057, 53.058, 53.252, or 53.253 not later than the date the affidavit is filed or the 10th day after the date the owner receives the notice of lien liability, whichever is later.

(c) A copy of the affidavit must also be sent to each person who furnishes labor or materials for the property and who furnishes the owner with a written request for the copy. The owner must furnish the copy to the person not later than the date the affidavit is filed or the 10th day after the date the request is received, whichever is later.

(d) Except as provided by this subsection, an affidavit filed under this section on or before the 10th day after the date of completion of the improvements is prima facie evidence of the date the work under the original contract is completed for purposes of this subchapter and Section 53.057. If the affidavit is filed after the 10th day after the date of completion, the date of completion for purposes of this subchapter and Section 53.057 is the date the affidavit is filed. This subsection does not apply to a person to whom the affidavit was not sent as required by this section.

(e) Repealed by Acts 1999, 76th Leg., ch. 889, Sec. 12, eff. Sept. 1, 1999.

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