Pre-Lien Notice Letters in Texas

Texas pre-lien notice letters are essential for subcontractors and suppliers to preserve their lien rights on a construction project. They can also be a trap for the unwary because Texas has some of the most complicated mechanic’s lien laws in the nation.

If you are owed money on a construction project and have a contract with the general contractor or another subcontractor, you are required by the Chapter 53 of the Texas Property Code to send a pre-lien notice letter. A pre-lien notice letter gives notice to upstream contractors and the property owner that you have a claim and actually requires the owner to withhold disputed funds from the general contractor.

A pre-lien notice letter must follow statutory requirements of content, wording, recipients, how it is mailed and timing. Most importantly, it must be sent before certain deadlines depending on what tier of contractor or supplier you are. For instance, if you are a subcontractor, your notice letter must be sent by the 15th day of the third month after the month in which your work was performed. If any one of these requirements are not met, you will lose your right to capture these funds in a lien.

The best way to navigate these complicated statutory requirements for pre-lien notice letters is to consult an attorney. The several hundred dollars you will spend is well worth preserving your claim to thousands of dollars that another contractor owes you. We charge a flat fee for our notice letter and liens.

© Law Office of Justin Scroggs, PLLC. All rights reserved. This article is provided for educational purposes only and is not legal advice. This firm will represent you only after being retained by written contract.

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