Does a general contractor performing tenant improvement work need to provide a preliminary notice in Texas?

4 months ago

We are a general contractor for a tenant performing work on their leased commercial property. Are we required to provide a preliminary notice?

Additional info about this contractor
Project Role: General Contractor
Project Type: Commercial
Senior Legal Associate Levelset
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On Texas commercial projects, general contractors typically won’t need to send preliminary notice. This is true regardless of whether it’s a tenant improvement or one initiated by the owner, themselves. Though, when the job is initiated by the tenant instead of the owner, it might be wise to make sure the owner is aware of the work being done – and sending a preliminary notice will help on that front.

For Texas residential jobs, a general contractor will typically need to send a disclosure statement and need to provide a list of the subs and suppliers that will be used on the job. There’s an argument that, when hired by a tenant rather than an owner, the residential notice requirements don’t apply. But, it’s generally safer to assume that notice will be required. Plus, as mentioned above, it’s a good idea to send notice regardless of what’s required.

For more information on the Texas notice requirements, these resources should provide a lot of insight:

– Texas Preliminary Notice Guide and FAQs
– How To Prepare & Send Texas Monthly Notices – Texas Notices Explained

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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