My company is a primary contractor with contract directly with property ownership for transportation and warehousing services for product (furniture, fixtues, equipment) going into their hotel for a renovation. Invoices are delinquent with the oldest going back to April 2022. We have filed a lien against the property. It is my understanding that we were not required to send preliminary notices since we are contracted directly with the property owner. Is that correct?
Texas Business & Commerce Code section 7.209 provides a lien for warehoused items as follows:
A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, present or future, in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law.
You can review the statute at the following link:
https://texas.public.law/statutes/tex._bus._and_com._code_section_7.209#:~:text=A%20warehouse%20has%20a%20lien%20against%20the%20bailor,reasonably%20incurred%20in%20their%20sale%20pursuant%20to%20law.
The circumstance that you describe is not a mechanic's lien, and is not covered by Chapter 53 of the Texas Property Code.
Good luck.