Texas Preliminary Notice to Owner and Original Contractor

Name: Texas Preliminary Notice to Owner and Original Contractor
Brand: Deeds.com
SKU: 1501680442P954976
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County Specific Legal Forms Validated as recently as April 8, 2026 by our Forms Development Team

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About the Texas Preliminary Notice to Owner and Original Contractor

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How to Use This Form

Select your county from the list on the left
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Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Texas Third Month Notice

Under 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(a).

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.

Texas requires prelien notice to be served on the owner and other interested parties before filing and recording a mechanic's lien. The type of project (whether residential or commercial) determines what kind of prelien notice must be served. 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.

If the lien claim arises from a debt incurred by the original contractor, the claimant must give notice to the owner or reputed owner, with a copy to the original contractor, in accordance with 53.056(b). TEX. PROP. CODE 53.056(c). The document identifies the parties, the project, date and type of service/materials, amount billed, and balance due. Attach an invoice to clarify more specific details.

Deliver the notice to the original contractor must be given 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 notice is also known as a "Second Month Notice." The claimant must give the same notice to the owner or reputed owner and the original contractor NO LATER than the 15th day of the third month following each month in which all or part of the claimant's labor was performed or material or specially fabricated material was delivered. Id. This notice is called a "Third Month Notice."

The notice must be sent by registered or certified mail and must be 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, with specific questions the required preliminary notice, or any other issue related to mechanic's 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

What Others Like You Are Saying

— Kay M.

"Worked great. Not being real tech savey was no problem."

— Jayne S.

"Simple and quick -- just what we needed!"

— Stephenie A.

"No review provided."

— Kimberly M.

"Love Deeds.com. Fast turnaround and easy to work with."

— Paul A.

"Your service is awesome!"

Common Uses for Preliminary Notice to Owner and Original Contractor

Protect your right to payment for home improvement work
File a lien for unpaid construction or renovation work
Protect a supplier's right to payment for delivered materials
Document a lien waiver upon receipt of progress payment
Establish priority of a construction lien on a property
Document consent of the property owner for improvements
Protect payment rights for electrical, plumbing, or HVAC work

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Important: County-Specific Forms

Our preliminary notice to owner and 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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