It happens all the time. The job wraps up, the GC says the check is coming, and by the time you realize it isn't, your lien deadline has passed. In Texas that can be as little as two or three months. In other states it's 90 days.
Here's the good news: a missed lien deadline ends your claim against the property. It doesn't cancel the debt. The company that hired you still owes you under your contract or work order, and you can still go after that money.
Quick answer: You can still collect from the party you contracted with, and in some cases from a payment bond, retainage or other parties up the chain. A collection demand from a third party, followed by steady follow-up, resolves many of these accounts without a lawsuit.
What you lose when the lien deadline passes
A lien lets you put a claim on the property itself, which pressures the owner because they can't easily sell or refinance with it on the title. Once the deadline passes, that pressure is gone, and you generally can't go after the owner unless they're the one who hired you.
What you still have
- Your contract claim. Whoever hired you, whether the owner, GC or another sub, still owes you for the work. Written contract, signed bid, work order, texts and emails all help show the agreement.
- Payment bonds. Public jobs and some large private jobs have payment bonds. Bond claims have their own deadlines, often different from lien deadlines, so check right away.
- Retainage. If retainage is still being held, there may be separate notice rules and a later deadline for it.
- Trust fund laws. Some states, including Texas, treat construction payments as trust funds the GC must use to pay subs and suppliers. That can add pressure.
What to do now
- Gather your paperwork. Contract or bid, invoices, change orders, delivery tickets, photos, and any messages about payment.
- Pin down your dates. First and last day of work or delivery. Sometimes the deadline hasn't actually passed, especially if you did later work under the same contract.
- Stop waiting on promises. Every month an account ages, it gets harder to collect.
- Send a formal demand. A demand from a third party collector lands differently than your fifth text.
How we handle it
LevelSet Collections works construction accounts on contingency, 10% to 33%, and if we don't collect, you don't pay. We review your paperwork, confirm whether any lien or bond rights are still open, send a formal demand to everyone who can solve the problem, and keep after it. If the account needs a lawsuit, we'll tell you so you can bring in an attorney.
See how construction collections works →
Frequently asked questions
Can I still collect if my lien deadline passed?
Yes. The deadline ends your claim against the property, not the debt. You can still pursue the company that hired you.
Can I still file a lien if I'm a few days late?
Generally no. Lien deadlines are strict. But double-check your dates, because later work under the same contract can sometimes change your deadline.
How much does construction collections cost?
We work on contingency, 10% to 33% of what we collect. No collection, no charge.
This article is general information, not legal advice. LevelSet Collections is not a law firm. If your situation needs legal advice or a lawsuit, talk to an attorney licensed in your state.
Owed money on a job?
Liens from $199. Collections on contingency, no collection, no charge.
