Texas Written Notice Owner or Original Contractor of Unpaid Balance by Subcontractor, etc. - Mechanics Liens - Corporation

This Texas Mechanics Lien form is for use in collecting payment for work done. If the lien claim arises from a debt incurred by a subcontractor, the claimant must give to the original contractor written notice of the unpaid balance. The claimant must give the notice not later than the 15th day of the second month following each month in which all or part of the claimant's labor was performed or material delivered. The claimant must give the same notice to the owner or reputed owner and the original contractor not later than the 15th day of the third month following each month in which all or part of the claimant's labor was performed or material or specially fabricated material was delivered. If the lien claim arises from a debt incurred by the original contractor, the claimant must give notice to the owner or reputed owner, with a copy to the original contractor, in accordance with the paragraph above. To authorize the owner to withhold funds, the notice to the owner must state that if the claim remains unpaid, the owner may be personally liable and the owner's property may be subjected to a lien unless:

(1) the owner withholds payments from the contractor for payment of the claim; or (2) the claim is otherwise paid or settled.

The notice must be sent by registered or certified mail and must be addressed to the owner or reputed owner or the original contractor, as applicable, at his last known business or residence address. A copy of the statement or billing in the usual and customary form is sufficient as notice under this section. § 53.056