Texas

A Residential Disclosure Statement in Texas must be sent by the general contractor at the start of the project and in most cases needs to include a comprehensive list of all subcontractors and suppliers that will be updated as the project progresses.

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An Affidavit of Contract is filed on homestead projects by general contractors in Texas. On a homestead, or residence in which the owner lives, no preliminary notice is required by the general contractor but you must file the contract itself with the county recorder.

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A Lien must be filed by the general contractor by the 15th day of the 3rd month following the last furnishing of labor and/or materials to a residential project. For example, if the last work is performed anytime in June then the notice is due by September 15th.

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In Texas, a residential notice is defined as a single-family, duplex, or quadraplex construction. Important note - A homebuilder that is selling a spec house is not considered residential property. For residential projects, subcontractors have the 15th day of the second month for each month labor and/or materials were furnished to send their notices.

Subcontractor must file a Lien by the 15th day of the 3rd month following the last furnishing of labor and/or materials to the Texas residential project. For example, if the last work is performed anytime in June then the notice is due by September 15th.

In Texas, a residential notice is defined as a single-family, duplex, or quadraplex construction. Important note - A homebuilder that is selling a spec house is not considered residential property. For residential projects, suppliers have the 15th day of the second month for each month labor and/or materials were furnished to send their notices.

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Suppliers must file their lien by the 15th day of the 3rd month following the last furnishing of labor and/or materials on Texas residential projects. For example, if last work is performed anytime in June, then the notice is due by September 15th.

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Although it is not legally required for general contractors to send a preliminary notice in Texas, it is best practice to do so. Sending a preliminary notice advises all parties that you  are working on the project and gets you paid faster.

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General contractors must file a lien by the 15th day of the 4th month following the last furnishing  of labor and/or materials to a commercial project. For example, if the last work is performed anytime in June then the Lien is due  by October 15th.

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As of January 1st 2022, a 2nd month notice is no longer required to be sent. However, it is a best business practice to send the 2nd month notice informing the General Contractor that payment hasn't been received.

Send 2nd-month notice on the 15th day of the 2nd month by the subcontractor for each month where materials and/or labor was furnished for Texas commercial projects. For example, if you furnished labor and/or material anytime in the month of July and are not paid, the 2nd-month notice must be sent by September 15th. If you are still not paid for the work you performed, you need to send a 3rd-month fund trapping by the 15th day of October.

A 3rd Month Fund Trapping Notice must be sent by the subcontractor by the 15th day of the 3rd month following each month where materials and/or labor was furnished to the commercial project. For example, if you furnished materials and/or labor in July, a 2nd-month notice would be sent by September 15th. If you are still not paid, you need to send the 3rd Month Fund Trapping Notice by October 15th.

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A lien must be filed by the subcontractor by the 15th day of the 4th month following the last furnishing of labor and/or materials to the Texas commercial job. For example, if the last furnishing on the project was in June, the deadline to file the lien for all outstanding invoices is October 15th.

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As of January 1st 2022, a 2nd month notice is no longer required to be sent. However, it is a best business practice to send the 2nd month notice informing the General Contractor and the Subcontractor that payment hasn't been received.

Send 2nd-month notice on the 15th day of the 2nd month by the supplier for each month where materials and/or labor was furnished for Texas commercial projects. For example, if you furnished labor and/or material anytime in the month of July and are not paid, the 2nd-month notice must be sent by September 15th. If you are still not paid for the work you performed, you need to send a 3rd-month fund trapping by the 15th day of October.

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A 3rd Month Fund Trapping Notice must be sent by the 15th day of the 3rd month following each month where materials and/or labor was furnished. For example, if you furnished materials and/or labor in July, a 2nd-month notice would be sent by September 15th. If you are still not paid, you will send 3rd Month Fund Trapping Notice by October 15th.

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The Texas supplier must file a lien by the 15th day of the 4th month following the last furnishing of labor and/or materials to the commercial project. For example, if the last work is performed anytime in June then the Lien is due by October 15th.

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The 2nd-month bond notice should be sent by the subcontractor on the 15th day of the 2nd month for each month where materials and/or labor was furnished for the state job. For example, if the last work is performed on any day in June, then the notice is due by August 15th. If not paid by the 3rd month, the Bond Notice would be sent by September 15th. If additional work was performed in July, a 2nd Month Bond Notice would need to be sent by the 15th day of September.

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A 3rd Month Bond Notice must be sent by the subcontractor before the 15th day of the 3rd month following each month where materials and/or labor were furnished for the state job. For example, if you furnished materials and/or labor in July, a 2nd-month bond notice would be sent by September 15th. If you are still not paid, you would then need to send the 3rd Month Bond Claim Notice by October 15th.

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The 2nd-month bond notice is sent on the 15th day of the 2nd month for each month where materials and/or labor was furnished by the supplier on a Texas state project. For example, if the last work is performed anytime in June, then the notice is due by August 15th. If not paid a 3rd month, Bond Notice would be sent by September 15th. If additional work was performed in July, a 2nd Month Bond Notice would need to be sent by the 15th day of September.

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A 3rd Month Bond Notice must be sent by the 15th day of the 3rd month following each month where materials and/or labor was furnished. For example, if you as a supplier furnished materials and/or labor in July for a state project, a 2nd-month bond notice would be sent by September 15th. If you are still not paid, you will send the 3rd Month Bond Claim Notice by October 15th.

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Although it is not a legal requirement to send a preliminary notice for federal projects, it is best practice for subcontractors to do so. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

A Miller Act Notice needs to be sent by subcontractors in 90 days from last furnishing of labor and/or materials to the federal project.

Although it is not a legal requirement to send a preliminary notice, it is best practice to do so for federal projects. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

A Miller Act Notice is required to be sent by the supplier 90 days from last furnishing of labor and/or materials to the federal project.