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TX Monthly Notices and Lien when Customer in the Tenant

TexasPreliminary Notice

RE: TX Monthly Notices and Lien If a Company contracted with the Tenant of the property - is the Company considered to be a Sub Contractor, as they didn't contract directly with the Property Owner? Or are they considered the general contractor? Specifically in regards to the monthly notice requirement, if the Company is the general contractor with the Tenant, monthly notices are NOT required to be sent to either the Tenant or Property Owner? Follow-up - for the Notice of Intent to Lien and Mechanics Lien this should list the property owner as both the Tenant and Property Owner? Or is there a different place to list separately? And is the Company considered the general contractor?

1 reply

Jan 18, 2023

Send all notices to the GC, the tenant and the landowner.

Lien may only be enforceable against the lease hold estate, but it is a default under the lease to allow an M&M Lien so the landlord will force the matter to resolution.

If not addressed timely then file suit to foreclose the lien and collect your money

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