- Who Can File a Mechanics Lien in Texas?
- Who Should Send Preliminary Notices?
Now, we will continue to discuss this topic, starting with the specific rules for sending preliminary notices. As we mentioned in the previous section, these notices are only required to be sent by subcontractors, sub-subcontractors, and materials suppliers.
Breaking Down the Rules for Preliminary Notices in Texas
If you’re employed as a subcontractor, sub-subcontractor, material supplier, equipment lessor, or another party who was involved in a project but didn’t contract directly with the owner, you are responsible for sending monthly recurring notices if you want to preserve your ability to file a lien. In many states, preliminary notices and notices of intent to lien are utilized, but Texas is different. In Texas, you will be required to send a two month notice, a three month notice, or both, and these notices are always due on the fifteenth day of the required month. Here’s a breakdown:
- Subcontractors must send the preliminary notice to the owner and general contractor by the fifteenth day of the second month after the last provision of labor or materials was furnished and subsequently unpaid for residential projects. This notice must be sent every month in which work provisions of labor or materials were supplied. For commercial projects, the deadline is the fifteenth day of the third month.
- Sub-subcontractors must send the preliminary notice to the owner and general contractor by the fifteenth day of the second and third month in which provisions of labor or materials were furnished and unpaid.
- Suppliers must send the preliminary notice to the general contractor by the fifteenth day of the second month and both the general contractor and the owner by the fifteenth day of the third month in which provisions of labor or materials were furnished and unpaid.
Filing a Mechanic’s Lien in Texas is a Complex Process
As you’ve probably gathered, filing a mechanic’s lien in Texas is a complex process with an array of variables. In fact, it’s one of the hardest states to file a mechanic’s lien in. If you want to ensure that you’re protecting your lien rights, consult a Houston construction lien attorney before you decide to file a lien destined for rejection. Our attorneys have helped hundreds of clients get paid when owners outright refused to honor their contracts. We will continue to explore this comprehensive topic in parts three and four.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.