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Is notice to property owner required for original (1st tier) contractor to file lien in Texas?

Texas

Is a notice required for original contractor to file lien? Texas

1 reply

Apr 14, 2022

Yes and no.

If you have contracted directly with the “OWNER” then you have a “Constitutional Lien”.

In addition you would also have a “Statutory lien”.

Notice is required for the statutory but not the constitutional.

However to recover attorneys fees and interest which are secured by a “Lien” you must follow the statutory lien rules and give the notices.

One cannot recover attorneys fees and interest which are secured by a constitutional lien.

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