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Before you can file a lien in Texas, you must first send a notice of intent to the owner, general contractor, and other interested parties. This notice must be sent no later than the 15th day of the third month following the month in which you provided labor or materials to the project.
This notice, sometimes referred to as a fund trapping notice, third month notice, or notice of intent to lien, is not only required in order to perfect the claim, but it requires the owner to withhold funds in excess of the ten percent retainage required by statute.
This document is not a legal requirement in Texas, which means that you may file a Texas mechanics lien without having to first notify an owner about this plan. What is required in Texas, however, is a monthly preliminary notice that is also sometimes called a Notice of Intent to Lien.
What is a Notice of Intent to Lien? A Notice of Intent to Lien (NOI) is a document sent to notify certain parties on a construction project of the consequences of non-payment. An NOI is a warning that if payment isn't made, the claimant intends to file a mechanics lien.
Before you can file a lien in Texas, you must first send a notice of intent to the owner, general contractor, and other interested parties. This notice must be sent no later than the 15th day of the third month following the month in which you provided labor or materials to the project.