Texas Contractor Not Paid? Lien Notices, Affidavit Deadlines, and Funding

Texas lien rights run on the calendar month, not on a simple day count. A sub or supplier who misses the 15th-of-the-month notice can lose the lien even when the invoice is real, and a contractor with a valid lien still has to sue on time.

This Texas pillar covers Chapter 53 notice and lien affidavit deadlines, the foreclosure clock, prompt pay interest, and how Darkwell funding can help carry a claim of $10,000 or more. For city guides, see Houston and Dallas.

Owed $10,000 or more on a Texas job? Request a free claim review.

Texas Chapter 53 lien clocks

• Subs and suppliers: notice of claim. A claimant other than the original contractor must send notice to the owner and the original contractor by the 15th day of the 3rd month after the month the labor or materials were provided, or the 15th day of the 2nd month on residential projects (Tex. Prop. Code § 53.056).
• Unpaid retainage notice. If retainage was not covered by that notice, a separate notice is due by the 30th day after your contract (or the original contract) is completed, terminated, or abandoned, whichever is earlier (§ 53.057).
• Lien affidavit. Original contractors file by the 15th day of the 4th month after the month their work was completed, terminated, or abandoned; on residential projects it is the 15th day of the 3rd month. Subs follow similar month-based deadlines (§ 53.052).
• Foreclosure suit. Suit must be brought by the first anniversary of the last day the lien affidavit could be filed, unless a recorded written agreement with the owner extends it, up to two years after filing (§ 53.158).

Texas also has a prompt pay statute for private jobs. An owner generally must pay a contractor’s proper written payment request within 35 days, and a contractor must pay subs their share within 7 days after receiving the owner’s payment (§ 28.002). Unpaid amounts bear interest at 1½ percent each month (§ 28.004). Good-faith disputes are treated differently, so your attorney checks how these rules fit your job.

Residential vs. commercial in Texas

Texas shortens several deadlines on residential construction projects by a month. Before you count, confirm with a Texas attorney whether the job is a residential construction project under Chapter 53.

Lien vs. lawsuit

A lien secures the claim against the property. It does not collect the money by itself. Many unpaid Texas claims end up as a lien foreclosure suit, a breach of contract suit, or both. That is where legal costs pile up.

When funding helps

If the balance is large, the other side is well funded, and counsel costs are the bottleneck, funding can help carry attorney and case costs while your attorney runs the case. See where we fund: Texas is in our generally allowed group for business claims, and we confirm every state during review.

How Darkwell helps

Legal costs are often what stops a good claim. Darkwell helps carry them. On a Texas unpaid invoice, that can mean funding the lien foreclosure or contract suit.

• We help carry the cost. Darkwell funding helps pay for the case, so your operating cash stays in your business.
• We bring attorneys we know. Darkwell has a network of attorneys we know. They help keep costs down while still pursuing the claim. The claim moves forward with an attorney from our network, or your current attorney where it fits.
• Your attorney handles the law. We don’t run your case or choose your legal strategy. Your attorney does that.
• You make a clear decision. The goal is to take the stress out of the fight and make the smart financial decision about your claim.

What to send for a claim review

• Contract or subcontract, and change orders
• Invoices, pay applications, and payment history
• Job address and the owner, GC, or customer name
• Photos, daily logs, and delivery tickets
• Any notices, lien filings, or bond information
• Your attorney’s contact, if you have one

How we get paid

Our fee comes out of the recovery, not your pocket. If there’s no recovery, you don’t repay our funding. Your written agreement sets the exact terms.

Where we work and claim size

We fund business claims, and individual and consumer claims in some states, reviewed state by state where the law allows. We confirm your state during review. See where Darkwell funds claims.

In select cases, we may purchase a business claim outright, where state law allows.

We review claims of $10,000 or more, subject to review and approval by our team.

Darkwell does not buy or collect consumer debt in states that require a collection license, including Colorado.

Common questions

What is the Texas notice deadline for subcontractors? Generally the 15th day of the 3rd month after the month you provided the labor or materials, or the 15th day of the 2nd month on residential projects, under § 53.056. Confirm it with a Texas attorney.

How long do I have to sue on a Texas lien? Generally by the first anniversary of the last day you could file the lien affidavit, under § 53.158, unless a recorded agreement extends it.

Does Texas charge interest on late construction payments? Texas prompt pay rules provide interest of 1½ percent each month on unpaid amounts that are due, with exceptions such as good-faith disputes.

Does Darkwell control my case? No. Your attorney handles the case and the legal strategy. Darkwell provides funding.

Sources

• Tex. Prop. Code § 53.056
• Tex. Prop. Code § 53.057
• Tex. Prop. Code § 53.052
• Tex. Prop. Code § 53.158
• Tex. Prop. Code § 28.002
• Tex. Prop. Code § 28.004

Texas job unpaid at $10,000 or more? Request a free claim review. Send what you have, and you’ll get a response from our team.

Related reading: Austin Contractor Not Getting Paid · Dallas Contractor Not Getting Paid · Houston Contractor Not Getting Paid · Florida Contractor Not Paid · Arizona Contractor Not Paid · Where We Fund