LEAL-CALANDRA LEGAL
LAW BLOG
LEAL-CALANDRA LEGAL
LAW BLOG
Still Waiting on the Check? Texas Construction Payment Deadlines, Explained.
You did the work. You did it right. The invoice went out — and the money didn't come in.
If you build, sub, or supply anywhere in the DFW area, you know exactly how that feels. What most contractors don't know is that Texas law gives you real leverage to get paid — lien rights, a prompt-payment clock, even the ability to recover attorney's fees. But every one of those tools runs on a calendar. The people who wait usually lose them.
Here's the plain-English version of how the clocks work, and why the 15th of the month should be circled on every contractor's calendar.
WHY THE 15TH OF THE MONTH MATTERS
Texas mechanic's lien deadlines don't fall on random dates — they run on the 15th of the month.
For most commercial (non-residential) work, the lien affidavit must be filed by the 15th day of the fourth month after the last month you furnished labor or materials on the job.
In plain English: if your last unpaid work on a commercial job was back in March and you still haven't been paid, your filing window runs out in mid-July. Not "sometime this summer." A specific day, on a courthouse clock.
Residential projects run on a shorter clock — generally the 15th day of the third month. And the exact deadline can shift depending on your role on the job (general contractor, sub, supplier), the notices you've sent, and how the project is classified. That's exactly why guessing is dangerous: two contractors on the same job site can have two different deadlines.
A lien filed properly and on time changes the whole conversation. It puts a cloud on the property that gets in the way of sales, refinancing, and draws — which is why a timely lien so often shakes a check loose faster than any lawsuit would. File late, and that leverage is simply gone.
THE MONTHLY NOTICES SUBS AND SUPPLIERS CAN'T SKIP
Here's the part that trips up more subcontractors and suppliers than anything else: if you don't have a contract directly with the property owner, filing the lien affidavit isn't enough. Texas law generally requires you to send written notice letters first — and those run on their own monthly, 15th-of-the-month schedule tied to each month you went unpaid.
Miss the notices, and you can lose lien rights for that month's work even if you'd have filed the affidavit on time. They're not paperwork for paperwork's sake — they're what "traps" money in the owner's hands so it's still there when you come to collect.
The practical takeaway: the moment an invoice goes past due, the notice clock is already running. Don't wait to see whether next month's check shows up.
THE PROMPT PAYMENT ACT: A CLOCK ON THEM, NOT JUST ON YOU
The deadlines don't only run against you. The Texas Prompt Payment Act (Property Code Chapter 28) puts a clock on the people who owe you money:
- Once an owner receives a proper invoice, payment is generally due within 35 days.
- Once a general contractor gets paid by the owner, the GC generally has 7 days to pay its subcontractors — and subs have 7 days to pay theirs.
And when they blow past those deadlines? Wrongfully withheld construction payments can accrue interest at 1.5% per month — up to 18% a year — while you wait. "We'll get you on the next draw" isn't just a stall; past a certain point, it's a stall that's costing them money.
THE ADVANTAGE MOST CONTRACTORS DON'T KNOW ABOUT
One more piece that changes the math: on a written contract, Texas law generally allows the prevailing party in a breach-of-contract claim to recover reasonable attorney's fees on top of the unpaid balance.
That single fact is why "it's not worth chasing" is usually wrong. Between lien leverage, prompt-payment interest, and recoverable fees, a $15,000 unpaid invoice is not a $15,000 problem you have to eat — and it's a big reason a demand letter on law-firm letterhead so often gets a job paid without anyone stepping into a courtroom.
WHAT TO DO THIS WEEK IF YOU'RE OWED MONEY
1. Pull your dates. Find the last month you furnished labor or materials on the unpaid job. That single date drives everything else.
2. Put the deadline on your calendar. Commercial or residential, your lien window has a specific closing date. Know it before you decide anything.
3. Send nothing angry — build the file instead. The signed contract or estimate, change orders, invoices, delivery tickets, photos, and every text where they acknowledged the work or promised payment.
4. Stop pouring work into a job that isn't paying — and do it in writing, with a short, dated message.
5. Get a straight read before the window closes. Ten minutes on the phone can tell you whether your deadline has passed, what notices you still need to send, and whether it's worth pursuing.
DON'T LET A STALL RUN OUT YOUR CLOCK
The most expensive mistake we see isn't losing in court — it's contractors politely reminding a customer for four months while their lien rights quietly expire. The law is on your side, but only on time.
At LEAL-CALANDRA LEGAL, we help DFW contractors, subs, and suppliers collect on jobs that went sideways. Tell us who owes you and how much, and we'll tell you straight whether it's worth pursuing — and exactly what your calendar looks like.
Call or text 214-764-6424 — our consultations are always free.
Fernando Leal-Calandra, Attorney · LEAL-CALANDRA LEGAL · Princeton, TX
General information, not legal advice. Reading this or contacting us doesn't create an attorney-client relationship. Deadlines vary by project and role, and every situation is different — no outcome is guaranteed.
Phone: 214-764-6424
Email:
intake@lealcalandralegal.com
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123 West Princeton Drive, Suite 200
Princeton, Texas 75407
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900 South Preston Road, Suite 50
Prosper, Texas 75078-5143