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does a pre-lim need to be sent for the state of Texxas

TexasMonthly NoticePreliminary Notice

supplying a project in texas

1 reply

May 2, 2019
Great question! Ultimately, that comes down to a variety of factors like who hired you, the type of project, and what's considered a "prelim" (Texas has many notices, and that can create vernacular issues). For suppliers hired by someone other than the property owner, a notice of contractual retainage may be sent at the start of the job in order to preserve the right to lien on retainage, if that eventually becomes necessary. Further, if supplying materials that are specially fabricated, a preliminary notice will be necessary in order to best preserve lien rights on the job. But the notices that most people take heed of in Texas are similar to preliminary notices because they preserve the right to lien, but they're sent on a recurring basis. These are called "monthly notices", among other names, and they must be sent on the 15th day of the 2nd and/or 3rd month after the month where materials were furnished but not paid for (depending on the project type and who hired the lien claimant). In order to preserve the right to later file a mechanics lien, monthly notices must be sent by parties who didn't contract directly with the property owner, so it's important to understand the rules. You can learn more about Texas monthly notices here: Texas Monthly Noticing Made Easy. Further, there's a lot of other helpful information in these resources: (1) Texas Notice & Lien Overview; (2) Texas Monthly notice Guide (free download); and (3) Texas Monthly Notice Calendars (free download). I hope this was helpful! Feel free to come back to the Construction Legal Center with any other questions you may have.
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