Texas Lien Notice
Also known as:
- Notice of Intent to Lien
- Pre Lien Notice
- Preliminary Lien Notice
- Notice of Non-Payment
- Monthly Notice
The Texas lien notice protects mechanics lien rights for people and businesses who provide services or materials toward construction projects. In order to keep the right to file a mechanics lien, contractors and suppliers must send a lien notice for each month of work they perform that goes unpaid.
Texas is unlike any other state when it comes to calculating its lien notice deadlines. Instead of notices being due after a certain number of days or months, Texas uses somewhat cryptic language to define the period:
“…on the 15th day of the month two/three months after the month the unpaid work was performed.”
Plus, the deadlines are on-going or recurring, which means that you may be required to send the same notice several months in a row. (We at zlien call them Monthly Notices. Tennessee and Louisiana have similar notice requirements.) The charts and information below will help you figure out exactly what you need to send, and when, to protect your mechanics rights and get paid.
Who Must Send Texas Notices?
The graphic below indicates which notices you are required to send based on your “tier” in a construction project (your tier is determined by who hired you/how far removed from the property owner you are). Note that the 2nd Month Notice and 3rd Month Notice are recurring — you must send a 2nd- or 3rd month notice for each month in which you performed work, so long as that work is unpaid at the time the notice is due. Unlike these two notices, all of the other notices must only be sent once.
Table of Texas Monthly Notice Due Dates
The graphic above explains who is required to send which notice. The table below indicated the deadlines to send 2nd month and 3rd month notices, as these deadlines are particularly complicated. (For more information about other Texas notices, see our Texas Preliminary Notice Resources.) Remember, these are monthly recurring notices. If you’re required to send a 2nd or 3rd month notice, according to the graphic above, you must send each notice for every month in which you performed work, so long as that work has not been paid.