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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.
In Texas, the notice of intent to lien must be sent by USPS certified mail, or any other form of traceable delivery that confirms proof of receipt (keep the receipt for your records). The notice must go to both the owner of the property and the general contractor.
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.
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.
As with an original contractor, lower tier claimants' notice of the lien must be mailed to the owner by certified mail, return receipt requested, no later than the fifth day after the date the person files the affidavit.