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When do I send a preliminary Notice

Texas

I OPEN UP THIS JOB (Project#140508) WANT TO KNOW WHEN DO i SEND A Send A PRELIMINARY NOTICE, I HAVE SENT A INTENT TO FILE LIEN ALREADY.

2 replies

Jun 10, 2021

The deadlines for mailing notices by certified mail differ based on the kind of project, where you are on the hierarchy of contractors, and other factors.

The process is way too complicated to explain here. You should consider retaining a construction attorney to evaluate your legal situation and to provide advice.

You may wish to visit The Construction Report which has explanatory materials, deadline charts, forms, and full texts of Texas mechanic's lien laws, and perhaps best of all, lawyer jokes. The link for The Construction Report is:

http://www.theconstructionreport.org

Good luck.

2 likes
Jun 21, 2021

I agree with Brian that Texas' notice rules can be quite confusing. Relying on some additional resources is likely in order, and I've shared a few more links below that could help.

For most Texas prime contractors, there typically isn't much notice required. A disclosure statement will generally be required for residential jobs, and a written list of subs and suppliers may be required as well.

For Texas subcontractors and suppliers, monthly notices (and maybe retainage notices) will be required prior to filing a mechanics lien. Granted, if you're supplying specially fabricated materials, then another notice may be necessary as well (the Notice of Specially Fabricated Materials).

In addition to what Mr. Erikson shared, here are a few more resources that could help you determine what notices to send before pursuing a lien filing:

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