Home>Levelset Community>Legal Help>We are located in Nevada, but the project is in TX do we need to send any preliminary notice or just the 3rd month notic
We are located in Nevada, but the project is in TX do we need to send any preliminary notice or just the 3rd month notic
The laws of the state where the project is located will apply when discussing mechanics lien and notice requirements. So, even where a business might be located in Nevada, if the project is in Texas, that project would require Texas' notice rules be followed.
Texas monthly notice requirements for commercial construction projects
As for when notice must be sent on Texas commercial projects - that will depend on your role on the project. Prime contractors on Texas commercial jobs will generally not be required to provide notice. 1st tier subcontractors (those hired by the project's prime contractor) will typically need to send a 3rd-month notice to both the owner and the prime contractor. And, those hired by someone other than the prime contractor or owner will need to send a 2nd-month notice to the prime contractor, then a 3rd-month notice to both the prime contractor and the GC.
For more background on Texas' notice requirements, here are two great resources:
- Texas Preliminary Notice Guide and FAQs- How To Prepare & Send Texas Monthly Notices – Texas Notices Explained