Full question:
Is there a statute of limitations on when a contractor can file a property lien against an individual for non-payment of services?
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Texas
Answer:
In Texas, the time limits for filing a property lien, known as a mechanic's lien, depend on the type of construction project.
For non-residential projects, both original contractors and subcontractors must file their lien affidavits by the fifteenth day of the fourth calendar month after the debt accrues (Texas Property Code § 53.052(a)).
For residential projects, the deadline is the fifteenth day of the third calendar month after the debt accrues (Texas Property Code § 53.052(b)).
The point at which the debt accrues varies: for original contractors, it accrues either when a written notice of contract termination is received or when the contract is completed, settled, or abandoned (Texas Property Code § 53.053(b)). For subcontractors, the debt accrues on the last day of the month in which the labor was performed or materials were provided (Texas Property Code § 53.053(c)).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.