TapeAndFloatTexas lien deadlines for drywall subcontractors
Not legal advice. This is a general summary for office staff, current as we understand it for contracts entered on or after January 1, 2022. Deadlines depend on the job type, your contract tier and the exact dates. Read the statute and check your specific job with a Texas construction attorney before relying on any date.
Texas Property Code Chapter 53 gives subcontractors and suppliers lien rights, but only if notices and the lien affidavit go out on time. Most deadlines are counted as "the 15th day of the Nth month after the month" the work was done, so a June job and a June 30 job share the same date.
The deadlines most drywall subs need
| Step | Residential job | Commercial job | Statute |
|---|---|---|---|
| Notice of claim for unpaid work (to owner and original contractor) | 15th day of the 2nd month after the month the work was performed | 15th day of the 3rd month after the month the work was performed | § 53.056, § 53.252 |
| File the lien affidavit with the county clerk | 15th day of the 3rd month after the month the original contract was completed, terminated or abandoned | 15th day of the 4th month after that month | § 53.052 |
| Send a copy of the filed affidavit | Within 5 days after filing, to the owner and original contractor | § 53.055 | |
| Retainage notice (if retainage is held) | Generally within 30 days after your subcontract is completed, terminated or abandoned (or by the affidavit deadline) | § 53.057 | |
| Lawsuit to foreclose the lien | Generally within one year after the last day you could file the affidavit (check § 53.158 for your case) | § 53.158 | |
Worked example (residential)
Your crew hangs and finishes a house in March and the GC hasn't paid. Notice of claim: by May 15. If the original contract wraps up in April, the lien affidavit is due by July 15. If a date lands on a weekend or holiday, don't count on an extension; send early.
Office checklist
- Record the month work was performed for every unpaid invoice, not just the invoice date.
- Use the statutory notice and affidavit forms where the Code provides them, and send notices by certified mail (other trackable methods are allowed under § 53.003; keep the receipt).
- Track retainage separately: it has its own notice.
- Lien waivers: Texas requires the statutory conditional and unconditional waiver forms in Subchapter L (§ 53.281-.287). Don't sign an unconditional release until payment has cleared.
Official sources
- Texas Property Code, Chapter 53 (Mechanic's, Contractor's, or Materialman's Liens), Texas Legislature Online
- HB 2237 (87th Legislature, 2021), which rewrote the notice and deadline rules for contracts entered on or after January 1, 2022
TapeAndFloat tracks these dates for every unpaid job and reminds you ahead of time. Join the free Austin pilot.
Not legal advice. This is a general summary for office staff, current as we understand it for contracts entered on or after January 1, 2022. Deadlines depend on the job type, your contract tier and the exact dates. Read the statute and check your specific job with a Texas construction attorney before relying on any date.