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What is the required elements of a pre-lien? what is the correct date to use?

TexasNotice of Intent to LienPreliminary Notice

Hello, I am trying to do a sample Pre-Lien for a class and have a question on the contents needed. 1, do we need to attach an invoice of the work completed? And 2, if it is a residential project and work was completed in June and July but not paid for either, would you send the pre-lien the 15th pay of he second month? Making it August 15? Please let me know!

1 reply

Oct 29, 2019
Texas monthly notices have strict requirements, and the failure to send them, as required, could seriously hinder the ability to make payment claims later on in the project. Since it sounds like this is a school assignment, I won't do everything for you here - but here are some considerations and resources that should be valuable and help you to sort things out.

Texas monthly notice requirements

Texas' monthly notice requirements arise out of § 53-056 of the Texas Property Code. So, you can learn most of what you need to know about that notice there.

Is an invoice required in addition to the monthly notice?

Under § 53-056(f) "A copy of the statement or billing in the usual and customary form is sufficient as notice under this section." So, a copy of the invoice isn't required in addition to the notice - but it may be used in place of the notice.

Timeframe for sending monthly notices on residential jobs

On residential jobs, those hired by someone other than the property owner must send notice by the 15th day of the 2nd month after the month during which the work was performed but not paid for. You can learn more about timing a notice and even view a helpful chart here: When do I Need to Send a Texas Monthly Notice?

Additional resources

Finally, I think these additional resources should be helpful: - How To Prepare & Send Texas Monthly Notices – Texas Notices Explained - Webinar – What Texas Contractors Need to Know About Monthly Notices
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