Home>Levelset Community>Legal Help>When do I need to file my mechanics lien?

When do I need to file my mechanics lien?

TexasLien Deadlines

We are a Land Surveying company in the Houston area, and were hired by a land owner to complete a land boundary survey for $2500 - we deal directly with the land owner. A $500 deposit was given to begin the project. The survey was completed as ordered on Feb 2, 2021, and invoiced on Feb 11, Feb 25, and March 2 of 2021. This land is currently being used as work space for the current tenant, and is believed to become a development project for the land owner, making this a commercial project. When is my deadline to file a lien?

3 replies

May 13, 2021
The statutory mechanic's lien clearly applies to surveyors. To secure it you have to file the affidavit by the 15th of the fourth month after the work was done - or by the 15th of the third month if it's residential construction (when it's invoiced is irrelevant). You arguably might have a Constitutional lien without any particular deadlines, but why create an issue to have an argument about?
1 likes
May 13, 2021

Land surveyors are entitled to file a mechanic's lien under Chapter 53 of the Texas Property Code (the Chapter which governs mechanic's liens).

If the project is deemed to be residential, the deadline for filing a mechanic's lien could be the 15th day of the third month after the end of the month in which the unpaid work was performed.

If the project is deemed to be commercial, the deadline for filing a mechanic's lien would be the 15th day of the fourth month after the end of the month in which the unpaid work was performed.  

Chapter 53, and specifically section 53.053, lists various dates for the accrual of indebtedness which starts the running of the deadline periods for filing of liens.

Retain a construction attorney to evaluate your legal situation and to provide advice.

Good luck.

1 likes
May 14, 2021

Hello,

Work completed in February on a commercial project. You appear to be original contractor.

Your lien deadline appears to be June 15, 2021 with no advanced notice required.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

1 likes

Add your answer or comment

Not the answer you were looking for? Check out other Lien Deadlines topics or ask your own question