Texas Monthly Notices
Rules & FAQs

Last updated August 3, 2020
In Texas, a monthly notice is a document that protects the right to file a mechanics lien if payment is not made. It is a type of preliminary notice specific to Texas construction projects. Here's what you need to know about the rules and requirements for sending preliminary monthly notices in Texas.

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Texas notice requirements for:

Private projects

GCs are not required to send monthly notices on private jobs in Texas.

Texas contractors who contract directly with the owner do not need to send preliminary notice. However, on residential projects, the general contractor must give the owner a disclosure statement before signing the contract, and a written list of all the subs and suppliers intended to be used.

Public projects

GCs are not required to send notice on public jobs in Texas.

On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.

Private projects

Texas subcontractors and suppliers must send monthly notices on private construction jobs in order to retain lien rights.

  • Due monthly
  • Sent to owner and prime contractor
  • Cannot be sent late

For residential projects, sub-tier parties must send notice to the owner and prime contractor by the 15th day of the 2nd month following the month that work was performed and unpaid. (Notice must be sent for each month work was performed and unpaid.)

On non-residential projects, first-tier subcontractors must send notice by the 15th day of the 3rd month following each month work was performed and unpaid.

Subcontractors who contracted with a party other than the direct contractor on non-residential projects must send a notice by both the 15th day of the 2nd month, and the 15th day of the 3rd month following each month in which work was performed and unpaid.

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Public projects

Texas subcontractors and suppliers are required to send notices on public construction jobs in order to retain bond claim rights.

  • Due monthly
  • Sent to GC and/or surety
  • Cannot be sent late

First-tier subcontractors and suppliers must send notice by the 15th day of the 3rd month following each month work was performed and unpaid.

Subs or suppliers who contracted with a party other than the direct contractor must send a notice by both the 15th day of the 2nd month, and the 15th day of the 3rd month following each month in which work was performed and unpaid.

A 2nd month notice must be sent to the GC. The 3rd month notice must be sent to the GC and the surety.

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