You can't put a lien on a school, a city building or a highway. On public jobs, the protection is the payment bond the prime contractor posts, and you make a claim against it. Bond claims have their own deadlines, and they're different from lien deadlines.
Texas public jobs (Government Code Chapter 2253)
| Item | Rule | Section |
|---|---|---|
| Payment bond required | Public work contracts over $25,000 (over $50,000 for municipalities) | § 2253.021 |
| Who's covered | Claimants with a direct contract with the prime or with a subcontractor | § 2253.021(c) |
| Claim notice (all claimants) | To the prime contractor and the surety, by the 15th day of the 3rd month after each month of work or delivery, with a sworn statement of account | § 2253.041 |
| Extra notice (second tier) | To the prime contractor by the 15th day of the 2nd month after each month of work or delivery | § 2253.047 |
| Retainage claim | To the prime and surety within 90 days after final completion of the public work contract | § 2253.046 |
| Delivery | Certified or registered mail | § 2253.048 |
| Lawsuit | Not until 61 days after notice; no later than 1 year after the claim notice was mailed | §§ 2253.073, 2253.078 |
Federal jobs (Miller Act)
Federal construction contracts over $100,000 require a payment bond (40 U.S.C. § 3131). A claimant with a direct contract with a subcontractor must give the prime contractor written notice within 90 days after its last labor or material, and any suit must be filed within 1 year after the last labor or material, in federal court where the contract was performed (§ 3133).
What we need
- Project name and the public owner (city, school district, agency)
- Prime contractor's name and, if you have it, the bond and surety information
- Your contract and who hired you
- Unpaid invoices by month
We prepare and send bond claim notices. If the bond claim has to go to suit, that requires an attorney. We'll tell you when it's time.
Pricing
Payment bond claims are handled on contingency: 10% to 33% of what we recover. You'll see the fee in writing before we start. Call (469) 694-8003.
Other lien services
Pre-lien notices · Notices of intent · Retainage claims · Lien releases · Mechanics lien filing
Frequently asked questions
Can I put a lien on a public project?
No. Public property can't be liened. On public jobs, you make a claim against the contractor's payment bond.
What's the Texas bond claim deadline?
Notice to the prime contractor and surety by the 15th day of the 3rd month after each month of unpaid work (§ 2253.041). Second-tier claimants also notify the prime by the 15th of the 2nd month (§ 2253.047).
What's the Miller Act deadline?
A second-tier claimant notifies the prime contractor within 90 days after its last labor or material, and must sue within 1 year after that last work.
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, so confirm your dates with us before relying on them. Bond claim suits require an attorney.
Unpaid on a public job?
Bond claims on contingency, 10% to 33% of what we recover. Call (469) 694-8003.
