A countertop job runs on a different clock than most trades. You template, then you cut a slab to fit one kitchen or one bank of restroom vanities, and the moment the saw touches it, that stone is worth a fraction of what you paid for it anywhere else. When the builder changes the plan, the remodeler disappears or the GC stops answering, the question isn't only whether you installed. Texas gives you a lien for material you specially fabricated for the job, even if it never left your shop.
Quick answer: In Texas, a fabricator who cuts material specially for a job has a lien even if the tops were never delivered or installed (Tex. Prop. Code §§ 53.021(2), 53.023(2)). For undelivered pieces, the notice and lien clocks start from the month the material would normally have been delivered, not the month you cut it. The lien covers the fabricated material less its fair salvage value.
Where payment breaks down for countertop fabricators
- The builder or homeowner changes the cabinet layout after you've cut, then won't pay for the slab.
- The job stalls before install and the finished tops sit on your rack for months.
- The cabinet maker or kitchen dealer who hired you got paid and kept it.
- On commercial jobs you're three tiers down, and the GC has never heard your company's name.
Templating, fabrication and install are three different lien facts
Most lien questions on stone come down to which stage you reached. Templating is work performed for the job, and it belongs in the claim, but it rarely carries much of the money. Fabrication is where the specially fabricated material rule matters: once a slab has been cut to the template, edged and had its sink and cooktop openings cut, it isn't stock you can sell to the next customer, and the statute treats it that way. Install is ordinary labor and material built into the improvement.
A full slab you bought for the job but never cut is different. Uncut slabs are generally still resalable inventory, so they usually aren't "specially fabricated." What counts is the work that ties the material to this one project.
Slabs held at the shop
If you cut the tops and the job stopped before you could deliver, don't wait for the site to reopen to start counting. For undelivered specially fabricated material, the notice deadline runs from the month the material would normally have been delivered (§ 53.056(a-1)), and so does the lien deadline (§ 53.052(b)(2) and (c)(2)). Pin that month down with something dated: the install schedule, the cabinet set date, a text from the builder confirming the install day.
The lien secures the fabricated material less its fair salvage value (§ 53.023(2)). Keep the tops, photograph them on the rack with the job name, and note what the pieces would bring as remnant. That number comes off the claim, and having it ready makes the lien hard to argue with.
Your lien rights in Texas
Who hired you decides which rules apply. If the homeowner hired you directly for a kitchen remodel, you're the original contractor: no notice of claim, but if the house is the owner's homestead you need a written contract signed before work started, signed by both spouses if the owner is married, and filed with the county clerk (§ 53.254). If a cabinet shop, kitchen dealer, remodeler or GC hired you, you're a subcontractor and the monthly notice of claim applies.
Cabinet-maker and GC chains. The notice of claim goes to the owner and the original contractor, not only to whoever hired you (§ 53.056(a-1)). The statutory form asks for the type of labor or materials provided; for undelivered tops we describe them as specially fabricated so there's no question what the claim covers. On a homestead, your lien as a sub also depends on the remodeler's contract with the owners meeting § 53.254, so ask for a copy before you cut.
Commercial jobs where you're third tier. On a hotel, office or dormitory, the chain often runs owner, GC, casework or millwork sub, then you. You still have a Texas lien as long as you contracted with a contractor or subcontractor on the job (§ 53.021), and the notice goes to the owner and the GC by the 15th of the 3rd month after each month you supplied (or the month undelivered tops would have been delivered). One trap: if the company that hired you only sells material and doesn't install anything, you may be a supplier to a supplier, a tier Texas generally doesn't give a lien. We check that before filing. On public and bonded jobs, the claim runs against the payment bond instead of the property.
Texas deadlines on a slab-and-install job
Say a remodeler hired you for quartz tops and a full-height backsplash on a residential kitchen. You templated in March and cut the tops in April, with install scheduled for May. In late April the remodeler and the homeowner fell out, the job stopped, and the tops are still on your rack. You're a sub on a residential project, so for the undelivered tops the clock runs from May, the month they would normally have been delivered: notice of claim due by July 15, the 15th of the 2nd month (§ 53.056(a-1)(2)), and lien affidavit by August 15, the 15th of the 3rd month (§ 53.052(c)(2)). The March templating has its own March clock, so notice for that work was due May 15. The lien amount is the price of the cut tops less what they'd bring as remnant, plus the unpaid templating. (For original contracts signed on or after January 1, 2022.) See the full Texas rules → · Calculator
What sinks these liens
- Claiming the full price of undelivered tops without taking off their salvage value.
- Counting from the cut date instead of the scheduled delivery month, or forgetting that the templating month had its own deadline.
- Sending notice only to the cabinet shop that hired you instead of the owner and the original contractor.
- Being a supplier to a supplier, a tier that generally has no Texas lien.
- On a homestead, no compliant written contract between the owner and the original contractor.
- Treating a return trip for a seam repair or a cracked backsplash as your last day of work.
Outside Texas?
Only a few of the other states we file in say it as plainly as Texas. Montana (MCA 71-3-524) and Ohio (R.C. 1311.12) give a lien for material specially fabricated for the improvement and not readily resalable, even if it was never built in. South Carolina's notice statute asks for specially fabricated material to be stated separately (S.C. Code § 29-5-20), but its lien covers material actually used. The other 14 states' lien statutes don't mention specially fabricated material, and several tie the lien to material used or incorporated in the job, so there, delivery and install matter more, and undelivered tops are often a collections claim. We file in 18 states, in any county, using each state's own notices and deadlines. See deadlines by state →
What we need from you
- The PO or bid from whoever hired you, and the name of the company that hired them
- Template date, cut date and the scheduled install date (emails and texts are fine)
- Photos of the fabricated tops at your shop, marked with the job name
- Invoices, change orders and any deposit you received
- Owner name and project address
- For undelivered tops, your estimate of their remnant value
Tops never delivered and the lien window closed?
A missed lien deadline ends the lien, not the debt. The builder who cancelled after you cut still owes you under your contract. Construction collections, no collection, no charge →
Pricing and turnaround
One kitchen or a whole tower's worth of vanity tops, the price is per lien, not per square foot. Liens are $199 to $500, all-inclusive: recording, notarizing and serving are included. Notices are $100. Typical turnaround is 2 business days, and there's no minimum claim amount. Call (469) 694-8003, Monday through Friday, 8am to 7pm.
Other trades we file for
Concrete Contractors · Plumbing Contractors · Electrical Contractors · HVAC Contractors · Painting Contractors · Fencing Contractors · Flooring Contractors · Drywall Contractors · Landscaping Contractors · Lumber and Building Material Suppliers · Equipment Rental Companies · Roofing Contractors · Solar Installers · Storm & Restoration Contractors
See every trade we cover on our skilled trades lien page. Related lien services: pre-lien notices · notices of intent · retainage claims · payment bond claims · lien releases.
Frequently asked questions
Can I file a lien for countertops I cut but never installed?
In Texas, yes, if the material was specially fabricated for that job. The lien covers the fabricated material less its fair salvage value, and the deadlines run from the month the tops would normally have been delivered.
When does my deadline start if the slabs are still at my shop?
From the month the tops would normally have been delivered under the job schedule, not the month you cut them. On a residential job, notice is due by the 15th of the 2nd month after that month and the lien by the 15th of the 3rd month.
The cabinet company hired me, not the GC. Who gets the notice?
The owner and the original contractor. The company that hired you is who you bill, but the notice that protects your lien goes to the owner and the original contractor.
Can I lien for the full price of the slab?
For tops you delivered and installed, the lien is for the unpaid amount owed for that work. For tops you cut but never delivered, it's the price of the fabricated material less what the pieces are worth as salvage or remnant.
I'm a third-tier supplier on a commercial job. Do I have lien rights?
Usually, if you were hired by a contractor or subcontractor on the job. If you were hired by a company that only sells material, you may be a supplier to a supplier, which generally has no lien in Texas. On public or bonded jobs, the claim goes against the payment bond.
Does a seam repair or warranty visit restart my deadline?
Generally no. Return trips for repairs or warranty work shouldn't be counted on to extend your last day of work, so we date the claim from the original fabrication or install.
This page 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. Deadlines change and depend on the facts of your job. We'll check your dates against the statute before filing.
Owed money as a countertop or stone fabricator?
Liens $199 to $500, recording, notarizing and serving included. Usually filed in 2 business days. Call (469) 694-8003.
