Commercial & Legal 7 min read • Jan 11, 2026

Texas Construction Lien Laws & Monthly Notice Deadlines: Subcontractor & GC Guide

A practical guide to Chapter 53 of the Texas Property Code, statutory retainage, trapping fund notices, and the critical 15th-day monthly notice deadlines.

Getting paid in commercial construction requires knowing your statutory lien rights. Chapter 53 of the Texas Property Code governs mechanics and materialmans liens for private commercial construction projects across the state.

The 15th-Day Monthly Notice Calendar

In Texas, missing a notice deadline by even one calendar day permanently forfeits your statutory lien rights against the property owner. Notice deadlines are pegged strictly to the month the labor was provided or materials delivered, regardless of when invoice dates occur.

Month Labor / Materials Delivered Notice Deadline (to Owner & GC) Lien Filing Deadline (County Clerk)
January Work April 15th May 15th
April Work July 15th August 15th
July Work October 15th November 15th
October Work January 15th February 15th

Statutory 10% Retainage Rights

Property owners in Texas are required by law to withhold 10% statutory retainage from the general contractor until 30 days following project completion. To secure a claim against this retainage fund, subcontractors must send statutory notice within 30 days after their work is completed or their contract is terminated.

Frequently Asked Questions

What is the 15th-day notice deadline for Texas subcontractors?

Under Chapter 53 of the Texas Property Code, subcontractors must deliver written notice of unpaid labor or materials to the property owner and general contractor by the 15th day of the third month following each month labor was performed.

What is statutory retainage in Texas commercial construction?

Texas law requires property owners to withhold 10% of the contract price (or 10% of the value of work completed) throughout the project and for 30 days after project completion to secure subcontractor claims.

Did the 2022 Texas lien law revisions eliminate the second-month notice?

Yes. Effective January 1, 2022, Texas eliminated the separate second-month notice for lower-tier subcontractors on private commercial projects, standardizing on the third-month notice.

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