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When do I need to send the preliminary notice?

We design and manufacture cold form steel framing. I am wondering if I should send the preliminary notice as soon as we sign the contract with the GC, or when we actually start manufacturing their specially made product. Before manufacturing we have to complete the design, which we only begin once we have received the first payment (deposit).

1 reply

Nov 4, 2019

Those who provide specially fabricated materials in Texas have preliminary notice requirements that are a bit different than others on Texas construction projects. Still, it's a relatively easy deadline to meet - and it's generally better to send notice earlier than later in the job.

Texas Notice of Specially Fabricated Materials

For a party hired to specially fabricated materials, the Notice of Specially Fabricated Materials must be sent no later than the 15th day of the 2nd month after the month when the order was received. So, the notice is sent based on when the order was placed - not on when design or work begins or ends. With that deadline in mind, it's otherwise up to the supplier when to provide notice. But as long as it's given within the required timeframe, lien rights will be preserved for the material that gets fabricated - even if those materials never make it to the job site. When in doubt, it's generally better to send a notice earlier than later in order to avoid potentially missing a deadline. For more information on Texas' notice requirements, here's an excellent resource: Texas Preliminary Notice Guide and FAQs.

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