Hays County Preliminary Notice to Original Contractor Form

Additional Texas and Hays County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Hays County

Properties in any of these areas use Hays County forms:

• Austin
• Buda
• Driftwood
• Dripping Springs
• Kyle
• San Marcos
• Wimberley

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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.

Important: Your property must be located in Hays County to use these forms. Documents should be recorded at the county recording office listed above.

This Preliminary Notice to Original Contractor meets all recording requirements specific to Hays County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Hays County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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