Which preliminary lien notice to send?

4 months ago

We intend to file a mechanic’s lien shortly on a project in Texas. My company is a NY Domestic entity and we will be filing as Assignee of the company actually doing the work, CPE Contractors, which is a Texas domestic entity. The specific project is being done in Texas and began at the beginning of February.

Texas offers domestic and non-domestic preliminary notice options. Which one should I use?

Thanks.

– Jonathon

Additional info about this contractor
Project Role: Subcontractor
Project Type: Commercial
Attorney E. Aaron Cartwright III, Attorney At Law
22 reviews

Jonathon,

Chapter 53 of the Texas Property Code does not make distinctions as to domestic or non-domestic preliminary notice options.

Also, you may have a problem because, on its face, it does not look like an assignee is a person entitled to a lien under the statute. From my reading and experience, the contractor needs to file and perfect the lien then once everything is completed, they may assign the perfected lien to a third party.

Levelset has a wonderful guide on how notice requirements in Texas works found here:

https://www.levelset.com/blog/texas-construction-notices-explained/

If you have any further questions, please reach out to Aaron@EACLawyer.com or 214-789-1354.

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