Residential Notice

Notice requirements for a residential construction project.

A claimant other than a general contractor must give a statutorily prescribed notice under Property Code Section 53.252 for the lien to be valid. If the property that is the subject of the lien is a homestead, the notice must also comply with additional requirements, discussed here. The claimant must give to the owner or reputed owner and the original contractor written notice of the unpaid balance. The claimant must give the notice not 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 or specially fabricated material was delivered. To authorize the owner to withhold funds, the notice to the owner must state that if the claim remains unpaid, the owner may be personally liable and the owner’s property may be subjected to a lien unless (1) the owner withholds payments from the contractor for payment of the claim; or (2) the claim is otherwise paid or settled. The notice must be sent by registered or certified mail and must be addressed to the owner or reputed owner and the original contractor, as applicable, at the person’s last known business or residence address. A copy of the statement or billing in the usual and customary form is sufficient as notice.

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