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Texas Lien & Bond Claim Deadlines

What is your project type?
What is your role on the project?
Preliminary Notice
Before work begins

Residential Notice Letter to Owner and Original Contractor to Trap Funds

A Residential Disclosure Statement in Texas must be sent by the general contractor at the start of the project and in most cases needs to include a comprehensive list of all subcontractors and suppliers that will be updated as the project progresses.

Preliminary Notice
Before work begins

Affidavit of Contract

An Affidavit of Contract is filed on homestead projects by general contractors in Texas. On a homestead, or residence in which the owner lives, no preliminary notice is required by the general contractor but you must file the contract itself with the county recorder.

Lien
4 months from last furnishing

Affidavit of Mechanic's and materialman's Lien

A Lien must be filed by the general contractor by the 15th day of the 3rd month following the last furnishing of labor and/or materials to a residential project. For example, if the last work is performed anytime in June then the notice is due by September 15th.

Preliminary Notice
Monthly after 2 months

2nd Month Notice

A 2nd Month Fund Trapping notice must be sent by the subcontractor by the 15th day of the 2nd month following the last month of work on a Texas residential project. This timeline can be very confusing. For example, if the last work is performed any time in June then the notice is due by August 15th. If you worked in July, an additional notice would be due by September 15th and so on for every month that you work.

Preliminary Notice
Monthly after 3 months

Residential Notice Letter to Owner and Original Contractor to Trap Funds

In Texas, a residential notice is defined as a single-family, duplex, or quadraplex construction. Important note - A homebuilder that is selling a spec house is not considered residential property. For residential projects, subcontractors have the 15th day of the second month for each month labor and/or materials were furnished to send their notices.

Lien
4 months from last furnishing

Affidavit of Mechanic's and materialman's Lien

Subcontractor must file a Lien by the 15th day of the 3rd month following the last furnishing of labor and/or materials to the Texas residential project. For example, if the last work is performed anytime in June then the notice is due by September 15th.

Preliminary Notice
Monthly after 2 months

2nd Month Notice

A 2nd Month Fund Trapping notice must be sent by the supplier for a residential construction by the 15th day of the 2nd month following the last month of work. This timeline can be very confusing. For example, if last work is performed any time in June then the notice is due by August 15th. If you worked in July, an additional notice would be due by September 15th and so on for every month that you work.

Preliminary Notice
Monthly after 3 months

Residential Notice Letter to Owner and Original Contractor to Trap Funds

In Texas, a residential notice is defined as a single-family, duplex, or quadraplex construction. Important note - A homebuilder that is selling a spec house is not considered residential property. For residential projects, suppliers have the 15th day of the second month for each month labor and/or materials were furnished to send their notices.

Lien
4 months from last furnishing

Affidavit of Mechanic's and materialman's Lien

Suppliers must file their lien by the 15th day of the 3rd month following the last furnishing of labor and/or materials on Texas residential projects. For example, if last work is performed anytime in June then the notice is due by September 15th.

What is your role on the project?
Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not legally required for general contractors to send a preliminary notice in Texas, it is best practice to do so. Sending a preliminary notice advises all parties that you  are working on the project and gets you paid faster.

Lien
4 months from last furnishing

Affidavit of Mechanic's and materialman's Lien

General contractors must file a lien by the 15th day of the 4th month following the last furnishing  of labor and/or materials to a commercial project.  For example, if the last work is performed anytime in June then the Lien is due  by October 15th.

Preliminary Notice
Monthly after 2 months

2nd Month Notice

The 2nd-month notice is sent on the 15th day of the 2nd month by the subcontarctor for each month where materials and/or labor was furnished for Texas commercial projects. For example, if you furnished labor and/or material anytime in the month of July and are not paid, the 2nd-month notice must be sent by September 15th. If you are still not paid for the work you performed, you need to send a 3rd-month fund trapping by the 15th day of October.

Preliminary Notice
Monthly after 3 months

3rd Month Fund Trapping Notice

A 3rd Month Fund Trapping Notice must be sent by the subcontractor by the 15th day of the 3rd month following each month where materials and/or labor was furnished to the commercial project. For example, if you furnished materials and/or labor in July, a 2nd-month notice would be sent by September 15th. If you are still not paid, you need to send the 3rd Month Fund Trapping Notice by October 15th.

Lien
4 months from last furnishing

Affidavit of Mechanic's and materialman's Lien

A Lien must be filed by the 15th day of the 4th month following the last furnishing of labor and/or materials.  For example, if the last furnishing on the project was in June, the deadline to file the lien for all outstanding invoices is October 15th.

Preliminary Notice
Monthly after 2 months

2nd Month Notice

Suppliers in Texas needs to send a 2nd-month notice on the 15th day of the 2nd month for each month where materials and/or labor was furnished to the commercial job. For example, if you furnished labor and/or material anytime in the month of July and are not paid, the 2nd-month notice must be sent by September 15th. If you are still not paid for the work you performed, you will send a 3rd-month fund trapping by the 15th day of October.

Preliminary Notice
Monthly after 3 months

3rd Month Fund Trapping Notice

A 3rd Month Fund Trapping Notice must be sent by the 15th day of the 3rd month following each month where materials and/or labor was furnished. For example, if you furnished materials and/or labor in July, a 2nd-month notice would be sent by September 15th. If you are still not paid, you will send 3rd Month Fund Trapping Notice by October 15th.

Lien
4 months from last furnishing

Affidavit of Mechanic's and materialman's Lien

A Lien must be filed by the 15th day of the 4th month following the last furnishing of labor and/or materials. For example, if the last work is performed anytime in June then the Lien is due by October 15th.

What is your role on the project?
Statutory Documents are not required for General Contractors
Preliminary Notice
Monthly after 2 months

2nd Month Bond Notice

The 2nd-month bond notice should be sent by the subcontractor on the 15th day of the 2nd month for each month where materials and/or labor was furnished for the state job. For example, if the last work is performed on any day in June, then the notice is due by August 15th. If not paid by the 3rd month, the Bond Notice would be sent by September 15th. If additional work was performed in July, a 2nd Month Bond Notice would need to be sent by the 15th day of September.

Preliminary Notice
Monthly after 3 months

3rd Month Bond Notice

A 3rd Month Bond Notice must be sent by the subcontractor before the 15th day of the 3rd month following each month where materials and/or labor were furnished for the state job. For example, if you furnished materials and/or labor in July, a 2nd-month bond notice would be sent by September 15th. If you are still not paid, you would then need to send the 3rd Month Bond Claim Notice by October 15th.

Preliminary Notice
Monthly after 2 months

2nd Month Bond Notice

The 2nd-month bond notice is sent on the 15th day of the 2nd month for each month where materials and/or labor was furnished by the supplier on a Texas state project. For example, if the last work is performed anytime in June, then the notice is due by August 15th. If not paid a 3rd month, Bond Notice would be sent by September 15th. If additional work was performed in July, a 2nd Month Bond Notice would need to be sent by the 15th day of September.

Preliminary Notice
Monthly after 3 months

3rd Month Bond Notice

A 3rd Month Bond Notice must be sent by the 15th day of the 3rd month following each month where materials and/or labor was furnished. For example, if you as a supplier furnished materials and/or labor in July for a state project, a 2nd-month bond notice would be sent by September 15th. If you are still not paid, you will send the 3rd Month Bond Claim Notice by October 15th.

What is your role on the project?
Statutory Documents are not required for General Contractors
Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a preliminary notice for federal projects, it is best practice for subcontractors to do so. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

Claim on Bond
90 days from last furnishing

Miller Act Notice

Miller Act Notice needs to be sent by the subcontractor 90 days from last furnishing of labor and/or materials to the federal project.

Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement for suppliers to send a preliminary notice in Washington, it is best practice to do so for federal projects. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

Claim on Bond
90 days from last furnishing

Miller Act Notice

A Miller Act Notice is required to be sent by the supplier 90 days from last furnishing of labor and/or materials to the federal project.

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SunRay has provided us with a partnership to manage construction documents throughout the United States.
Rick Russel
ABC Supply
SunRay will make sure that notices are issued timely, properly, legally. SunRay offers me peace of mind and to my operations
Mark Kashmanian
Rams
SunRay helps us collect our money, protect our money. It is user-friendly, provides a lot of information and is easier to keep track of everything that we do online.
Lehman SunRay Testimonial
Mara Kruz
Lehman

Don't take our word for it! Trusted by 1000s.

SunRay has provided us with a partnership to manage construction documents throughout the United States.
Rick Russel
ABC Supply
SunRay will make sure that notices are issued timely, properly, legally. SunRay offers me peace of mind and to my operations
Mark Kashmanian
Rams
SunRay helps us collect our money, protect our money. It is user-friendly, provides a lot of information and is easier to keep track of everything that we do online.
Lehman SunRay Testimonial
Mara Kruz
Lehman

Texas Lien Law Articles

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Texas Lien and Bond Claim FAQs

Frequently asked questions on Texas 2nd month and 3rd month notices, mechanics lien and claim on bond

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