Texas Second Month Notice

According to Texas lien law, all claimants other than the original contractor must provide preliminary notice to establish a claim for a valid mechanic's lien. TEX. PROP. CODE 53.056. Use the preliminary notice form under 53.056(b) when lien claim arises from a debt incurred by a subcontractor.

A mechanic's lien is an encumbrance on an owner's title, used to guarantee payment to builders, contractors, and construction businesses which build or repair structures, by using the property where the work was completed as a form of collateral. Suppliers of materials and subcontractors may also claim a mechanic's lien. The lien ensures that the workmen are paid before anyone else if the property subject to the lien is eventually foreclosed upon.

The law states that before filing and recording a mechanic's lien, the claimant must give written notice of the unpaid balance to the original contractor. Texas requires prelien notice to be served on the owner and other interested parties. Prelien notices serve two purposes: to protect the interests of subcontractors and suppliers, and to give property owners a defense against having to pay twice for parts of the same project.

Deliver the notice to the original contractor no later than the 15th day of the second month following each month in which all or part of the claimant's labor was performed or material delivered. Id. This is also known as a "Second Month Notice." It identifies the parties, dates, materials/services, and amount due. For reference, include an invoice or statement to clarify billing details.

Send it by registered or certified mail, addressed to the original contractor at his or her last known business or residence address. TEX. PROP. CODE 53.056(e).

Remember that each case is unique and the mechanic's lien law in Texas can be complicated and unforgiving of mistakes. Therefore, contact an attorney for complex situations or with specific questions about the preliminary notice to the original contractor or about any other issues related to liens.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Preliminary Notice to Original Contractor

Provide required pre-lien notice before filing a claim
Provide notice of intent to file a lien for unpaid work
File a lien to prevent property sale until payment is received
File a lien for unpaid construction or renovation work

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Important: County-Specific Forms

Our preliminary notice to original contractor forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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