Did I Miss My Texas Lien Deadline?
Texas lien deadlines run from the work month, not the invoice date. Check whether a month may be past and how to stop losing the next one.
BuilderMaxPro is software, not a law firm. It is not a substitute for the advice of an attorney.
For Texas private projects with original contracts entered into on or after January 1, 2022; public projects are not covered. Dates and forms are built from the facts you enter, so check them and ask a Texas construction attorney about your situation. Coverage and limits →
Retainage, payment-bond and extended-suit dates are being corrected; check them with a Texas construction attorney.
The math nobody does until it's too late
An unpaid invoice can sit beside several different project dates. The deadline depends on the project facts, the property type and your role, so a balance on its own is not a lien calendar. Lien rights can be lost to one missed date or one missing notice, long before anyone sees a courtroom. BuilderMaxPro calculates the Texas Chapter 53 deadlines it tracks from the facts you enter. Check those facts and bring your situation to a Texas construction attorney.
Where the Texas deadlines actually fall
Texas runs on a "15th of the month" rhythm, and the exact deadline depends on whether the job is residential or commercial, and whether you're claiming retainage or unpaid work. The broad strokes every sub and small GC should burn into memory: - On residential projects, your notice of the unpaid claim generally has to be sent by the 15th day of the second month after the month you did the work — and your lien affidavit filed by the 15th day of the third month after the work was last performed (or the contract was completed, terminated, or abandoned). - Commercial projects run on a different, longer track — but "longer" still ends. - Retainage has its own deadline, separate from your regular unpaid balance, and it's the one contractors lose most often because retainage feels like "later money" right up until "later" is over. And if the 15th lands on a weekend or holiday, it rolls to the next business day — small mercy, easy to miscount. This is the part where every honest article says the same true thing: the deadlines depend on your role and your project, and you should have an attorney handle the actual filing. We agree completely. BMP doesn't file your lien and doesn't replace your lawyer. What BMP does is show those dates early, with reminders, so you can get to your lawyer's office before the window closes.
Why good contractors miss it anyway
The contract, change orders, invoices and project dates often live in different places. Collect the facts you enter in the job record while work is in progress, so they are available when you review a calculated deadline or speak with your attorney.
What it looks like when the gap is closed
The tool keeps the deadlines it tracks in front of you. Up to three company admins get email reminders 7, 3 and 1 days before each tracked deadline, and on the due date. You can log each monthly notice's sent date and tracking number next to its deadline. The dates and records do not decide whether to send a notice or file a lien. That decision is yours, made with your attorney.
How BuilderMaxPro helps
Texas lien deadline tracking is built into your BuilderMaxPro projects. It is included on the Free plan, on 1 active project. No software can promise you'll be paid, and BuilderMaxPro won't.
Frequently asked questions
What's the most commonly missed Texas lien deadline for subs?
Retainage. It feels like money you'll collect "later," so it slips off the radar — and it has its own filing deadline separate from your regular unpaid balance. Track it as its own line item from day one.
Does BuilderMaxPro file my lien for me?
No. BMP keeps your job records, invoices, retainage, and key dates organized and visible so you can act in time — but the actual lien filing should be handled by an attorney. BMP's reminders help you get there before the window closes.
I'm not in a dispute yet — why set this up now?
Project facts are easier to record while work is in progress. BuilderMaxPro uses the dates, property type and role you enter to calculate the deadlines it tracks. Your attorney can advise you about your situation.
Did I miss my Texas lien deadline?
A notice deadline may have passed for one unpaid month while a later month still has time. A missed notice can affect lien rights for that month's unpaid amount. The lien affidavit deadline is separate: for ordinary subcontractor and supplier claims it generally runs from the last month the claimant provided labor or materials, not from each unpaid month. Special rules can apply; confirm with Texas construction counsel.
Do Texas lien deadlines run from the invoice date or the work date?
For ordinary subcontractor and supplier claims, notice timing uses the month when labor was performed or materials were furnished, not from when the invoice was sent. Check notices per unpaid month. The affidavit deadline generally uses the last month the claimant provided labor or materials; it does not restart separately for each unpaid month. Special rules can apply.