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Which preliminary lien notice to send?

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

1 reply

Mar 26, 2020

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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