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Notice of Claim for Unpaid Labor or MaterialsTX Prop. Code §§ 53.001 et seq.

Texas Preliminary Notice Requirements

Texas requires you to send a "Notice of Claim for Unpaid Labor or Materials" to protect your mechanics lien rights. Here's everything you need to know — who to send it to, when to send it, and how to deliver it.

Notice Required?

Yes

Must send to preserve lien rights

Deadline

Monthly

By the 15th of the 3rd month after each unpaid month

Late Notice?

No

Send on time

Notice Type

Preliminary

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Understanding Preliminary Notices in Texas

Texas uses a monthly notice system — this is different from a one-time preliminary notice. You don't send a single notice within a set number of days. Instead, for every month you provide labor or materials and go unpaid, a separate “Notice of Claim for Unpaid Labor or Materials” is due by the 15th of the 3rd month for commercial projects (the 2nd month for residential), counted after each month you go unpaid.

Imagine you're an electrician wiring a new office building in Texas, and your work runs from March through May. For the work you do in March, your notice is due by the 15th of June (the 3rd month after March); April's work has its own deadline a month later, and so on. Each month you remain unpaid is its own deadline. The notice goes to the property owner and the original (general) contractor. Missing a month only affects that month's work — so sending each one on time is the single most important compliance step on a Texas project.

Who Needs to Send a Preliminary Notice in Texas?

This applies to nearly everyone who works on a construction project and wants to protect their payment rights. That includes general contractors, subcontractors (electricians, plumbers, roofers, etc.), material suppliers (lumber, concrete, fixtures), equipment rental companies, laborers, architects and engineers, and surveyors. The specific rules — like who you need to notify and your deadline — depend on your role. Check the table below to see exactly what applies to you.

Why Preliminary Notices Matter

The Notice of Claim for Unpaid Labor or Materials is what keeps your lien rights active in Texas. It's standard paperwork — sending it on time protects your payment on every project.

Who Must Receive the Notice of Claim for Unpaid Labor or Materials?

Who you need to notify depends on your role on the project. Here's a simple breakdown:

If You Are A...You Must Notify...
General ContractorNo notice typically required (direct contract with owner)
SubcontractorProperty Owner, General Contractor
Material SupplierProperty Owner, General Contractor
LaborerProperty Owner, General Contractor
Equipment Rental CompanyProperty Owner, General Contractor
Architect / Engineer / SurveyorProperty Owner, General Contractor

How to Deliver the Notice in Texas

Use one of the approved delivery methods below to make sure your notice is valid. Texas accepts these methods:

Certified Mail — You send via USPS and get a green receipt card proving the notice was delivered. This is the gold standard because it creates clear proof of delivery.

Personal Delivery — You (or someone you designate) hand-deliver the notice directly to the recipient. Make sure to get a signed acknowledgment as proof.

Statutory Notice Language

Texas law requires your Notice of Claim for Unpaid Labor or Materials to include specific warning language. This isn't language you write yourself — it's exact wording specified by TX Prop. Code §§ 53.001 et seq.. Using the wrong language (or leaving it out) can invalidate your notice. LienGrid automatically includes the correct statutory language for Texas.

Owner Warning Language (excerpt from TX Prop. Code §§ 53.001 et seq.)

This Notice of Claim for Unpaid Labor or Materials is sent under Texas Property Code § 53.056 to inform you that the undersigned has furnished or will furnish labor or materials for improvements on your property and has an unpaid balance. This is a notice — it is not a lien. Informational note (not statutory warning language): Under Texas Property Code §§ 53.081–53.084, you may be authorized to withhold from payments owed to your original contractor an amount sufficient to cover this claim. Obt...

Official Texas Resources

These are official state government websites where you can look up statutes, verify contractor licenses, and search business registrations.

State Legislature

Look up Texas lien statutes and laws

Texas Legislature

Contractor Licensing

Verify licenses and check requirements

Texas Department of Licensing and Regulation

Secretary of State

Business entity search and registration

Texas Secretary of State

Preliminary Notice Requirements by County in Texas

Select your county for specific guidance on sending preliminary notices in your area.

254 counties found

AndersonAndrewsAngelinaAransasArcherArmstrongAtascosaAustinBaileyBanderaBastropBaylorBeeBellBexarBlancoBordenBosqueBowieBrazoriaBrazosBrewsterBriscoeBrooksBrownBurlesonBurnetCaldwellCalhounCallahanCameronCampCarsonCassCastroChambersCherokeeChildressClayCochranCokeColemanCollinCollingsworthColoradoComalComancheConchoCookeCoryellCottleCraneCrockettCrosbyCulbersonDallamDallasDawsonDeaf SmithDeltaDentonDeWittDickensDimmitDonleyDuvalEastlandEctorEdwardsEl PasoEllisErathFallsFanninFayetteFisherFloydFoardFort BendFranklinFreestoneFrioGainesGalvestonGarzaGillespieGlasscockGoliadGonzalesGrayGraysonGreggGrimesGuadalupeHaleHallHamiltonHansfordHardemanHardinHarrisHarrisonHartleyHaskellHaysHemphillHendersonHidalgoHillHockleyHoodHopkinsHoustonHowardHudspethHuntHutchinsonIrionJackJacksonJasperJeff DavisJeffersonJim HoggJim WellsJohnsonJonesKarnesKaufmanKendallKenedyKentKerrKimbleKingKinneyKlebergKnoxLa SalleLamarLambLampasasLavacaLeeLeonLibertyLimestoneLipscombLive OakLlanoLovingLubbockLynnMadisonMarionMartinMasonMatagordaMaverickMcCullochMcLennanMcMullenMedinaMenardMidlandMilamMillsMitchellMontagueMontgomeryMooreMorrisMotleyNacogdochesNavarroNewtonNolanNuecesOchiltreeOldhamOrangePalo PintoPanolaParkerParmerPecosPolkPotterPresidioRainsRandallReaganRealRed RiverReevesRefugioRobertsRobertsonRockwallRunnelsRuskSabineSan AugustineSan JacintoSan PatricioSan SabaSchleicherScurryShackelfordShelbyShermanSmithSomervellStarrStephensSterlingStonewallSuttonSwisherTarrantTaylorTerrellTerryThrockmortonTitusTom GreenTravisTrinityTylerUpshurUptonUvaldeVal VerdeVan ZandtVictoriaWalkerWallerWardWashingtonWebbWhartonWheelerWichitaWilbargerWillacyWilliamsonWilsonWinklerWiseWoodYoakumYoungZapataZavala

Texas Preliminary Notice FAQ

Common questions about preliminary notices in Texas, answered so anyone can understand.

A preliminary notice is a simple document you send near the beginning of a construction project to let the property owner (and sometimes the general contractor and lender) know that you're working on their property. It's NOT a threat, a lien, or a sign that something is wrong — it's a standard business practice required by law in many states. Think of it as "checking in" to say: "I'm providing labor/materials on this project, and I expect to be paid." In Texas, this document is officially called the "Notice of Claim for Unpaid Labor or Materials" and is governed by TX Prop. Code §§ 53.001 et seq..
Yes, Texas requires it. If you skip this step, you could lose your right to file a mechanics lien later — which means you'd have much less legal leverage if you don't get paid. In Texas, the "Notice of Claim for Unpaid Labor or Materials" must be sent by the 15th of the 3rd month after each month you go unpaid (the 2nd month for residential). The notice requirement exists to ensure transparency on construction projects — everyone involved should know who is providing labor and materials.
Texas uses a MONTHLY notice — there isn't a single "X days" deadline. For every month you provide labor or materials and go unpaid, a separate Notice of Claim for Unpaid Labor or Materials is due by the 15th of the 3rd month after each month you go unpaid (the 2nd month for residential). For example, for work you do in March on a commercial project, the notice is due by the 15th of June; April's work has its own deadline a month later, and so on. Pro tip: track each unpaid month separately and send that month's notice well before its deadline.
In Texas, it's officially called the "Notice of Claim for Unpaid Labor or Materials" (formal document title: "NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIALS"). Different states use different names for essentially the same concept — you might hear it called a "preliminary notice," "notice to owner," "notice of furnishing," or "pre-lien notice" depending on the state. The Texas version follows the requirements laid out in TX Prop. Code §§ 53.001 et seq..
It depends on your role on the project. Here's a simple breakdown: General contractors typically don't need to send a preliminary notice (since they're already in a direct contract with the owner). Subcontractors (hired by the GC or another sub) must notify: the property owner, the general contractor. Material Suppliers must notify: the property owner, the general contractor. Laborers follow the same rules as subcontractors and must notify: the property owner, the general contractor. Equipment rental companies follow material supplier rules and must notify: the property owner, the general contractor. Design professionals (architects, engineers, surveyors) must notify: the property owner, the general contractor. It's critical to send the notice to ALL required parties — missing even one can weaken your legal standing.
Texas accepts these delivery methods: Certified Mail, Personal Delivery. Most people use certified mail because it gives you a receipt proving the notice was sent AND received — this is your proof if there's ever a dispute. Keep the receipt and tracking number in your project file. Important: if you use a delivery method that isn't on the approved list, your notice could be considered legally invalid even if the recipient actually received it. Don't take shortcuts with delivery.
Yes — Texas requires the Notice of Claim for Unpaid Labor or Materials to include specific warning language spelled out in TX Prop. Code §§ 53.001 et seq.. This isn't language you make up yourself. The state has exact wording that must appear on the notice, explaining to the property owner their rights and the potential consequences of unpaid work. Using the wrong language (or leaving it out) could make your notice invalid. This is one reason many contractors use tools like LienGrid — it automatically includes the correct statutory language for Texas so you don't have to worry about getting it wrong.
This is a big deal: if you skip the required Notice of Claim for Unpaid Labor or Materials in Texas, you could completely lose your right to file a mechanics lien. That means if you're not paid for $50,000 worth of work, you might have no lien to fall back on. You could still pursue other legal options like breach of contract lawsuits, but those are more expensive and time-consuming than filing a lien. The preliminary notice is your insurance policy — a small upfront step that protects potentially large payments down the road. Never skip it.
Texas's Notice of Claim for Unpaid Labor or Materials requirements apply to both types of projects, but there can be important differences. Residential projects (homes, condos, small apartments) often have extra protections for homeowners — for example, some states require additional disclosures or have shorter deadlines for residential work. Commercial projects (offices, retail spaces, industrial buildings) may have different thresholds or requirements. Always check TX Prop. Code §§ 53.001 et seq. for the specific rules that apply to your project type, or use a compliance tool like LienGrid that automatically adjusts for the project type.
Yes — LienGrid automates the entire preliminary notice process for Texas. Instead of manually tracking deadlines, looking up who needs to receive the notice, and making sure you use the right legal language, LienGrid does it all for you. The platform generates your Notice of Claim for Unpaid Labor or Materials with the correct Texas statutory language, identifies every required recipient, tracks each month's notice deadline, and can even send the notice via Certified Mail, Personal Delivery on your behalf. It's the easiest way to stay compliant and protect your right to get paid. Try it free — no credit card required.
View Texas mechanics lien filing requirements

Preliminary Notice Rules in Neighboring States

Arkansas →Louisiana →New Mexico →Oklahoma →
Content reviewed by LienGrid's compliance team|Last reviewed: March 2026

This information is for general guidance only and does not constitute legal advice. Texas laws change frequently — always verify current requirements and consult a licensed attorney in the relevant jurisdiction before taking legal action. LienGrid makes every effort to keep this information accurate, but we cannot guarantee completeness or currency.

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