Texas Lien Notice Requirements
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How to fill out Pre-Lien Notice To Owner Regarding Potential Mechanic's Lien For Services To Be Provided To General Contractor?
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FAQ
In Texas, a homestead is the person's primary residence, and it includes both the structure and the property. If you are working on a residential homestead property, you must have a formal written contract to file a mechanic's lien against the property.
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.
In order to file a Lien against a residential homestead Property, either you, or the General Contractor must: (1) have a written contract signed by the Property Owner (if they are a married couple, then both must sign the contract); (2) before the work begins; and (3) the contract must be filed with the County Clerk.
Even though sending a Notice of Intent to Lien is an optional (not required) step in the state of Texas, they are frequently successful at producing payment (without having to take the next step of filing a lien).
Hear this out loud PauseFor the most part, all contractors, subcontractors, laborers, design professionals, materials suppliers, and equipment suppliers who provide labor or materials to a property in Texas are not required to have a written contract (a verbal contract is sufficient) to qualify for the right to file a lien.
