BEFORE YOU CAN FILE A TEXAS CONSTRUCTION LIEN, YOU MUST UNDERSTAND WHETHER A PRELIMINARY NOTICE IS REQUIRED. THIS NOTICE PROTECTS YOUR LIEN RIGHTS AND IS MANDATORY FOR MOST SUBCONTRACTORS AND SUPPLIERS.

⭐ Texas Preliminary Notice Requirements (Texas “Monthly Notices”)

Before you can file a Texas construction lien (if you’re not the original contractor), you must understand Texas’s notice system. Texas does not operate like “one preliminary notice at the start” states; instead, it often requires monthly notices tied to unpaid months. These notices protect lien rights by notifying the owner and original contractor that payment is owed and may trigger the owner’s obligation to withhold funds.

Who Must Send a Texas Preliminary Notice?

Most subcontractors and supplierswho do not have a direct contract with the owner must send them.

Who Does NOT Need a Texas Preliminary Notice?

Original contractors generally do not have the same monthly notice requirement before filing their lien affidavit (though residential original contractor rules can include additional contract and notice requirements).

When Must a Texas Preliminary (Monthly) Notice Be Sent?

Texas does not use a single early “preliminary notice” like many other states. Instead, Texas requires monthly notices that are tied to the month the unpaid labor or materials were provided.

For most subcontractors and suppliers who do not have a direct contract with the property owner, notice must be sent as follows:

Texas Monthly Notice Deadlines:

Third-Month Notice (Most Common): A notice must be sent by the 15th day of the third month after the month in which the labor or materials were provided and not paid. This notice must be sent to the property owner and the original contractor.

Second-Month Notice (Lower-Tier Claimants): If you are a sub-subcontractor or supplier to a subcontractor, an additional notice may be required by the 15th day of the second month after the unpaid work or materials were provided. This notice is typically sent to the original contractor.

These notices must be sent for each unpaid month. Missing the correct notice for a specific month can eliminate lien rights for that portion of the work.

MI - DISCHARGE OF LIEN

Your Job ID Reference:

Your Company's Info:

Your Role:

Project Information:

Property Owner's Information:

General Contractor's Information: