Texas 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

StepResidential jobCommercial jobStatute
Notice of claim for unpaid work (to owner and original contractor)15th day of the 2nd month after the month the work was performed15th day of the 3rd month after the month the work was performed§ 53.056, § 53.252
File the lien affidavit with the county clerk15th day of the 3rd month after the month the original contract was completed, terminated or abandoned15th day of the 4th month after that month§ 53.052
Send a copy of the filed affidavitWithin 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 lienGenerally 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

Official sources

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.