Top 5 Mistakes Contractors Make When Filing Their Own Mechanics Liens in Texas
If you’re a contractor in Texas, filing a mechanics lien can be the best way to get paid for your work — but only if it’s done correctly. Unfortunately, many contractors try to file liens on their own and make critical mistakes that invalidate their lien entirely.
In this post, we’ll cover the top 5 mechanics lien mistakes contractors make and how to avoid them so you can protect your payment rights.
1. Using the Wrong Legal Description
A correct legal property description is key to a valid mechanics lien. The Texas Property Code requires a description that’s “reasonably sufficient to identify the project.”
However, many contractors make the mistake of pulling the description from the county appraiser’s website — and these are often incomplete or inaccurate. If your legal description is wrong and the property can’t be reasonably identified, a court can declare the entire lien invalid.
An experienced Texas lien attorney knows how to locate and verify the correct legal description by reviewing deeds, mortgages, and prior filings.
At Texas Liens PLLC, we personally obtain and review prior recordings to ensure a correct legal description for your lien documents, every time.
2. Missing the Filing Deadline
Missing your mechanics lien filing deadline in Texas is one of the most costly errors contractors make.
The Texas Property Code has strict deadlines for both pre-lien notices and lien affidavits. These deadlines change depending on:
- Whether you’re a general contractor or subcontractor
- Whether the project is residential or commercial
- Whether you’re claiming retainage or provided specially fabricated materials
If you miss this deadline, your lien is invalid. There is no wiggle room on these strict deadlines.
Because these deadlines vary based on multiple factors, only a construction attorney familiar with Texas lien law can calculate your exact filing date. Online charts and DIY guides often oversimplify. Every case is different, and only an attorney can provide legal guidance as to the correct deadline for your unique situation.
3 & 4. Failing to Serve All Required Parties (and Serving Late)
Mistakes 3 and 4 go hand-in-hand. Just like the Texas Property Code has a myriad of lien filing deadlines, it also has varying rules regarding who to serve, and when. Filing your lien isn’t enough — you must also serve all required parties (such as the property owner and general contractor) with the proper lien documents and within strict time limits.
The rules differ for:
- Pre-lien Notice of Claim
- Affidavit of Mechanics Lien
Some parties must be served within 30 days, others within 3–4 months. If you fail to serve the correct lien documents on time, a court may invalidate your lien claim, either partially or entirely.
At Texas Liens PLLC, we ensure every notice and lien document is served on time and on the correct parties — so your lien holds up if challenged.
5. Forgetting to Include Special Notices
The Texas Property Code requires different special notices depending on the type of project and contractor involved.
For example:
- Residential projects require specific homeowner notices
- Subcontractors providing specially fabricated materials must sometimes provide a special notice
- Retainage claims have unique notice requirements
Missing one of these special notices can make your lien unenforceable.
Our firm prepares mechanics lien documents every day, ensuring all required notices and statutory language are included for your specific project type.
Why DIY Liens Can Cost You Thousands
Filing your own Texas mechanics lien might seem like a way to save money — until it isn’t. When mistakes do happen, they are costly to defend. One small error can spark a challenge to your lien, forcing you into costly litigation to defend it. Or worse, a court can void your lien entirely, leaving you unpaid.
A properly prepared lien from the start can save you thousands in attorney fees and months of frustration.
Work with a Texas Mechanics Lien Attorney Who Gets It Right the First Time
At Texas Liens PLLC, we focus exclusively on Texas mechanics lien claims. We handle every step of the process — from verifying property records to drafting, filing, and serving all required lien documents — so you can focus on your business.
We draft, file, and serve all of your required lien documents — all you have to do is sign, and let us take care of the rest.
Ready to File Your Texas Mechanics Lien?
Don’t risk losing your payment rights over a technical mistake.
Book your free initial consultation today or call/text us at (832) 302-5249.
Let Texas Liens PLLC protect your right to get paid — quickly, correctly, and legally.
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