Texas Preliminary Notice to Original Contractor

County Specific Legal Forms Validated as recently as May 29, 2026 by our Forms Development Team

Texas Preliminary Notice to Original Contractor
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About the Texas Preliminary Notice to Original Contractor

Texas Preliminary Notice to Original Contractor
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How to Use This Form

  1. Select your county from the list on the left
  2. Download the county-specific form
  3. Fill in the required information
  4. Have the document notarized if required
  5. Record with your county recorder's office

What Others Like You Are Saying

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"I thought it was easy, but I wish it were faster. I uploaded my document Monday night (after 5pm) an…"

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"deeds.com is user-friendly and very easy to navigate. Guides, samples, and free supplement forms are…"

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"I was frustrated by Orange County and all the other options they gave me to submit my paperwork. Dee…"

— Linda W.

"The Quitclaim deed form was fine. Unfortunately, all I wanted to accomplish was to transfer property…"

— Frank H.

"All the forms downloaded are very comprehensive of Quit Claim transfers."

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

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

What Others Like You Are Saying

— Sherri P.

"I thought it was easy, but I wish it were faster. I uploaded my document Monday night (after 5pm) an…"

— Michelle A.

"deeds.com is user-friendly and very easy to navigate. Guides, samples, and free supplement forms are…"

— Taylor Z.

"I was frustrated by Orange County and all the other options they gave me to submit my paperwork. Dee…"

— Linda W.

"The Quitclaim deed form was fine. Unfortunately, all I wanted to accomplish was to transfer property…"

— Frank H.

"All the forms downloaded are very comprehensive of Quit Claim transfers."

Common Uses for Preliminary Notice to Original Contractor

  • Notify a property owner of unpaid construction debts
  • Secure payment for materials supplied to a construction project
  • Establish a legal claim against property for unpaid labor
  • Establish priority of a construction lien on a property

Compare other Texas deed forms and documents

Warranty Deed Deed Without Warranty Gift Deed Without Warranty Gift Deed Special Warranty Special Warranty Deed Grant Deed Quitclaim Deed Correction Deed Transfer on Death Deed (Individual) Transfer on Death Deed (Joint Owners with Right of Survivorship) Transfer on Death Deed (Community Property with Right of Survivorship) Enhanced Life Estate Deed Revocation of Transfer on Death Deed (Individual) Revocation of Transfer on Death Deed (Joint Owners) Affidavit of Death (Transfer on Death Deed Beneficiary) Easement Deed Termination of Easement Executor Deed Administrator Deed Texas Affidavit of Heirship Trustee Deed Certificate of Trust Disclaimer of Interest Mineral Deed Mineral Quitclaim Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

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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