A mechanics lien is a legal claim against a piece of real estate, filed by someone who improved that property and wasn't paid. Contractors, subcontractors and suppliers use it to tie their unpaid bill to the property itself, not just to the person who hired them. Until the lien is paid, released or expires, it sits in the county records and clouds the owner's title, which makes it hard to sell or refinance. That pressure is why a lien so often gets a stalled invoice paid.
Short version: you did work on a property, you weren't paid, so you record a claim against the property. To keep it valid you usually send notices on time, file the lien before the state's deadline, and sue to enforce it before the lien expires. Miss a step and the lien can be lost, though the debt itself is still owed.
What is a mechanics lien, in plain English?
Think of it as a security interest the law gives to the people who build things. A bank that lends money for a house gets a mortgage. A contractor who adds value to that house with labor or materials gets the right to a lien. The name comes from "mechanics," the old word for tradespeople. Different states call it a mechanic's lien, a construction lien (Michigan), a claim of lien (Georgia) or a lien affidavit (Texas and Ohio), but it's the same idea.
A mechanics lien doesn't hand you the property or the money on the day you file it. It gives you a recorded claim that has to be dealt with before the owner can sell or refinance with clean title, and, if it comes to that, the right to ask a court to order the property sold to pay what you're owed.
Who can file a mechanics lien?
In most states, anyone who furnishes labor, materials or certain services to improve real property, under a contract with the owner or with someone in the chain below the owner, can claim a lien. That usually includes:
- General contractors hired directly by the owner
- Subcontractors and sub-subcontractors hired by the GC or another sub
- Material suppliers who sell to the owner, the GC or a sub
- Laborers who worked on the job
- Equipment rental companies and design professionals in some states. Georgia, for example, includes rental equipment suppliers, architects, engineers and surveyors (O.C.G.A. § 44-14-361)
There are limits. Most states stop somewhere down the chain, so a supplier to another supplier usually has no lien. And the further you are from the owner, the more likely you are to need a preliminary notice to keep your rights. Your exact rights depend on your state: see our mechanics lien filing page or jump to your state below.
How does a mechanics lien work? Notice, lien, enforcement
Every state has its own deadlines, but almost every mechanics lien follows the same three steps.
1. Preliminary notice
Many states require subs and suppliers (and sometimes GCs) to send a notice early in the job or soon after each month of work. It tells the owner who is on the job and that lien rights exist. Ohio calls it a Notice of Furnishing, due 21 days after you first furnish if the owner recorded a Notice of Commencement (Ohio R.C. 1311.05). Georgia's Notice to Contractor applies only when a Notice of Commencement was filed (O.C.G.A. § 44-14-361.5). Texas requires notices from subs and suppliers on a monthly schedule. Skip a required notice and you can lose the lien before you ever file it. We send pre-lien notices for $100.
2. Filing the lien
If you're still unpaid, you record the lien with the county where the property sits, before the state's filing deadline. The deadline usually runs from your last day of work or materials. A few examples: Georgia gives 90 days after your last day (O.C.G.A. § 44-14-361.1); Ohio gives 75 days on most jobs and 60 on one- and two-family homes (Ohio R.C. 1311.06); Texas uses the 15th day of the fourth month after the month you last worked, or the third month on residential projects (Tex. Prop. Code § 53.052). The lien has to name the right parties, describe the property, state the amount owed, and usually be sworn and notarized. Many states also require you to send the owner a copy within a short window after filing. Georgia's is 2 business days.
3. Enforcing the lien
A lien isn't permanent. If you're still not paid, you have to file a lawsuit to foreclose (enforce) the lien before it expires. If you don't, the lien generally becomes unenforceable. Most liens never get this far. Once a lien is recorded, owners and GCs usually find the money, because the lien stands between them and a sale, a refinance or a final draw from their lender.
When you are paid, you release the lien by recording a lien release. Payments made along the way are usually exchanged for lien waivers.
How long does a mechanics lien last?
It depends on the state. Each state sets a window to file suit to enforce the lien, and once it passes without a suit (or the other step the state requires), the lien generally can't be enforced. Here's the rule in each state we serve:
| State | How long the lien lasts | Statute |
|---|---|---|
| Georgia | Suit within 365 days after filing the lien, plus a Notice of Commencement of Lien Action within 30 days after suit | O.C.G.A. § 44-14-361.1(a)(3) |
| Kansas | 1 year after filing the lien statement | K.S.A. 60-1105 |
| Kentucky | 12 months after filing the lien statement | KRS 376.090 |
| Louisiana | 1 year after filing the statement of claim or privilege | La. R.S. 9:4823 |
| Michigan | 1 year after recording the claim of lien | MCL 570.1117 |
| Minnesota | 1 year after the last item of work or materials in the lien statement | Minn. Stat. § 514.12 |
| Mississippi | 180 days after filing the claim of lien | Miss. Code § 85-7-405 |
| Missouri | 6 months after filing the lien | RSMo § 429.170 |
| Montana | 2 years after filing the lien | MCA 71-3-562 |
| Ohio | 6 years after filing the affidavit | Ohio R.C. 1311.13(C) |
| Oklahoma | 1 year after filing the lien | 42 O.S. § 172 |
| Pennsylvania | Suit within 2 years after filing; judgment within 5 years | 49 P.S. § 1701 |
| South Carolina | Suit and notice of pendency within 6 months after your last labor or materials | S.C. Code § 29-5-120 |
| South Dakota | 6 years after the last item in the lien statement, or 30 days after a written demand to sue | SDCL 44-9-24, 44-9-26 |
| Texas | Suit by the first anniversary of the last day you could file the lien affidavit, unless extended by a recorded agreement with the owner | Tex. Prop. Code § 53.158 |
| Vermont | Suit and attachment within 180 days after filing the memorandum of lien | 9 V.S.A. § 1924 |
| Virginia | Suit by the later of 6 months after recording or 60 days after the work is completed or terminated | Va. Code § 43-17 |
| Washington | 8 months after recording, with the owner served within 90 days after suit is filed | RCW 60.04.141 |
Some states shorten the window when the owner sends a demand. In Georgia, a Notice of Contest of Lien cuts your time to sue to 60 days (O.C.G.A. § 44-14-368), and in Ohio, a Notice to Commence Suit gives you 60 days (Ohio R.C. 1311.11).
Residential vs. commercial mechanics liens
Most states have extra rules for homes, because a homeowner who already paid the GC in full can end up facing a sub's lien for the same work. Common differences:
- Shorter deadlines. Ohio's lien deadline drops from 75 days to 60 on one- and two-family homes and residential condos (Ohio R.C. 1311.06). Texas moves the filing deadline up a month on residential projects (Tex. Prop. Code § 53.052).
- Owner payment defenses. In Ohio, if a homeowner paid the original contractor in full before receiving a copy of your lien affidavit, there's no lien (Ohio R.C. 1311.011). In Georgia, an owner who has paid the contract price can raise that payment as a defense (O.C.G.A. § 44-14-361.1).
- Homestead protection. Texas homesteads have their own contract and notice requirements. See Texas homestead lien rules.
On commercial jobs, the bigger risks are the preliminary notices and the paperwork: notices of commencement, lien waivers signed with each draw, and pay-when-paid clauses. On homes, the bigger risk is speed. File early, before the owner pays out the GC.
Public projects: no lien, but a bond claim
You generally can't put a lien on public property: a school, a city building, a state road or a federal facility. Instead, the prime contractor posts a payment bond, and you make a claim against the bond. On federal construction contracts, the Miller Act requires a payment bond on contracts over $150,000 (40 U.S.C. § 3131; FAR 28.102-1). A sub or supplier with no direct contract with the prime has to give the prime written notice within 90 days after its last labor or materials, and suit on the bond has to be brought within one year after your last labor or materials (40 U.S.C. § 3133(b)). Each state has its own "Little Miller Act" for state and local jobs. See payment bond claims.
What if you missed the deadline?
A missed lien deadline ends the lien, not the debt. The company that hired you still owes you under your contract. You may also still have a payment bond claim, a retainage claim, or a claim against parties up the chain. If the lien window is closed, we pursue unpaid construction invoices through construction collections on contingency, 10% to 33%, with no charge if we don't collect.
What does it cost to file a mechanics lien?
LevelSet Collections prepares and files mechanics liens as agent for the claimant in all 18 states we serve. Liens are $199 to $500, all-inclusive: recording, notarizing and serving are included. Pre-lien notices are $100. Typical turnaround is 2 business days, and there's no minimum claim amount. We've filed more than 1,100 liens since 2020. Call (469) 694-8003, Monday through Friday, 8am to 7pm.
State guides: Texas · Georgia · Kansas · Kentucky · Louisiana · Michigan · Minnesota · Mississippi · Missouri · Montana · Ohio · Oklahoma · Pennsylvania · South Carolina · South Dakota · Vermont · Virginia · Washington
Frequently asked questions
What is a mechanics lien?
A legal claim against real estate, recorded by a contractor, subcontractor, supplier or laborer who improved the property and wasn't paid. It clouds the owner's title until it's paid, released or expires, and it can be enforced by a lawsuit to foreclose.
How does a mechanics lien work?
In most states you send any required preliminary notice, record the lien with the county before the filing deadline, send the owner a copy, and file suit to enforce it before the lien expires. Most liens are paid before a lawsuit is needed.
How long does a mechanics lien last?
It depends on the state. In Texas, suit generally must be filed by the first anniversary of the last day you could file the lien affidavit (Tex. Prop. Code § 53.158). Missouri liens last 6 months after filing, Michigan liens 1 year after recording, and Ohio liens 6 years after filing.
Can a subcontractor file a mechanics lien?
Yes. Subcontractors and suppliers can file in every state we serve, though they often must send a preliminary notice first to protect their rights.
Can you put a mechanics lien on a public project?
Generally no. On public jobs you make a claim against the contractor's payment bond instead. Federal jobs over $150,000 are covered by the Miller Act.
How much does it cost to file a mechanics lien?
LevelSet Collections files liens for $199 to $500, all-inclusive, with typical turnaround of 2 business days.
This article is general information, not legal advice. LevelSet Collections is not a law firm; we prepare and file liens and notices as agent for the claimant. Rules cited are from each state's statutes as of October 2026. Lien laws are constantly changing. Contact us for the most up-to-date information.
Owed money on a job?
Liens $199 to $500 all-inclusive, filed in about 2 business days. Call (469) 694-8003.
