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What is the statute of limitations to file a lien in Brazoria County, Texas

TexasLien DeadlinesMechanics Lien

Hello, I had a contractor leave me high and dry mid way through a project with my walls torn up. He now calls and threatens to put a lien on my house every day if I don't pay him. He also stole items from my house for which I filed a police report back in August 2019. Per Levelset there is a table that shows about a 4month out period since the contractor last performed work in the residential house to be able to file a lien- is that accurate (assuming he can't file one now since it's December)? Can you point me to the authoritative guidance where I can validate the statute of limitations for general and sub contractor liens? Also, there was no written contract (yes, stupid me) Thank you for your help and alleviating the stress I have from the constant fear of an illegitimate lien!

2 replies

Dec 27, 2019
The deadline to file a residential lien in the 15th day of the 3rd month from when the contractor either completed, abandoned, or was terminated from the project. However, if work was performed on the structure, the contractor may also have a Constitutional lien, which can be filed up to four years from completion, abandonment, or termination. With that said, if this is your primary residence (homestead), no one has the right to file a lien against your property unless there is a written contract signed by both you and your spouse and the contractor. See our website www.loveinribman.com for more information. Robert M. Lovein, Managing Partner of Lovein Ribman--a Texas Construction law firm.
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Dec 27, 2019
OP/Krish: Also, I forgot to add. I live and work in New York City. The house is under my name but my sister, parents and nephew live there. I am assuming that qualifies a homestead. Given there is no formal contract, does that instantly prohibit him from filing a lien to begin with?
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