Texas Preliminary Notice

2 weeks ago

We will be filing a lien on a Texas project as Assignee of a subcontractor who has a contract with the general contractor. The subcontractor is a domestic Texas entity but we, the Assignee, are not.

Which preliminary lien notice should we file? The project began in February and we intend to file a mechanic’s lien shortly.

Thanks.

Attorney E. Aaron Cartwright III, Attorney At Law
5 reviews

Hello,

You may have a problem because, on its face, it does not look like an assignee is a person entitled to a lien under the statute. From my reading and experience, the contractor needs to file and perfect the lien then once everything is completed, they may assign the rights to collect on the perfected lien to a third party.

Levelset has a wonderful guide on how notice requirements in Texas works found here:

https://www.levelset.com/blog/texas-construction-notices-explained/

If you have any further questions, please reach out to Aaron@EACLawyer.com or 214-789-1354.

Your answer or comment:
Are you a Registered Expert?
You are not logged in and will be posting
anonymously. Log in Now
Get answers from construction attorneys and payment experts
120 Character Limit