Mechanic's and Materialman's Lien

A mechanic's and materialman's (M&M) lien is a statutory or constitutional lien securing payment for labor or materials furnished to construct or improve real property. Texas recognizes two parallel forms: (1) the constitutional lien under Article XVI, Section 37 of the Texas Constitution, self-executing, available to those in direct contractual privity with the property owner; and (2) the statutory lien under Chapter 53 of the Texas Property Code, available to a broader class of claimants (subcontractors, suppliers, design professionals) through prescribed notice and lien-affidavit procedures. House Bill 2237 (effective January 1, 2022) substantially reformed the statutory framework.

Constitutional vs. statutory lien

The constitutional lien is self-executing, it arises automatically upon performance of work or supply of materials by a person in direct contractual privity with the owner. No filing is required for the lien to exist between the parties, though recording is necessary to bind subsequent purchasers. The statutory lien requires affirmative compliance with the notice and lien-affidavit procedures of Chapter 53 but extends to a broader class of claimants, subcontractors and lower-tier parties not in privity with the owner.

Filing deadlines (post-HB 2237)

For original contracts entered on or after January 1, 2022, lien-affidavit filing deadlines under § 53.052 are: (1) original contractor on residential project, 15th day of the 3rd month after the month of completion, termination, or abandonment; (2) original contractor on non-residential project, 15th day of the 4th month after such month; (3) subcontractor on residential project, 15th day of the 3rd month after the month the claimant last provided labor or materials; (4) subcontractor on non-residential project, 15th day of the 4th month after such month; (5) retainage claim, 15th day of the 3rd month after the month the original contract was completed, terminated, or abandoned (with separate § 53.103 30-day deadline issues to navigate carefully).

Notice requirements

Subcontractors and lower-tier claimants must serve statutory notice on the owner and original contractor. Post-HB 2237, the second-month notice for second-tier subcontractors is eliminated; all derivative claimants now use the third-month notice deadline. The notice may be served by certified mail, in-person, or by other traceable private delivery with proof of receipt. Claims for retainage require a separate § 53.057 notice in addition to the lien affidavit.

Foreclosure deadline (post-HB 2237)

Under amended § 53.158, the deadline to file suit to foreclose a perfected statutory lien is one year from the last date the claimant could have filed the lien affidavit under § 53.052. The parties may agree to extend the deadline, but not beyond the second anniversary of the lien-filing deadline; the agreement must be in writing, made before the one-year deadline expires, and recorded with the county clerk. Original contractors retain longer enforcement windows for constitutional liens.

Design-professional lien rights

HB 2237 expanded § 53.021 to grant lien rights to architects, engineers, and surveyors who provide a design, drawing, plan, plat, survey, or specification, even without direct contractual privity with the owner. This was a significant change from prior law, which limited design-professional lien rights to those in direct contract with the owner.