Texas Preliminary Lien Notice Requirements
Description
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
Sending Notices No pre-lien notice is required of a general contractor in Texas. For everyone else, sending lien notices is required and is somewhat complicated in Texas.
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.
Preliminary notice is a notification to the owner or general contractor of a construction project to notify them that a contractor, sub-contractor, materials provider, or other party is reserving their right to file a mechanic's lien in the event of non-payment. The notice itself is not a mechanic's lien.
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).
In general, nearly every state requires contractors to submit a preliminary notice. In Texas and Mississippi, the preliminary notice for prime contractors become mandatory only upon request or upon submission of non-lien-related documents.
