Original contracts entered into on or after 1/1/22
The general contractor is generally not required to give any preliminary notice. However, on residential projects, the general contractor must give the owner a disclosure statement before signing the contract, and a written list of all the subs and suppliers intended to be used (updated periodically) unless the owner has specifically waived this requirement in writing (the waiver may be part of the original contract).
• NOTE on homestead projects: In order to obtain a lien on a homestead, the general contractor must execute and file with the county clerk a written contract setting forth the terms of the contract prior to the furnishing of labor and/or materials signed by both spouses if the owner is married.
In Texas, all subcontractors and suppliers not hired directly by the owner are required to send monthly notices on all residential or commercial projects in the 2nd and/or 3rd months after furnishing labor or materials.
Lastly, there are also special notice requirements for claims on contractual retainage, for those who didn’t contract directly with the property owner.
Original contracts entered into before 1/1/22
The only additional notice required under the older version of Texas’ lien laws are suppliers of specially fabricated materials. Such suppliers must send this notice to secure lien rights for materials that were specifically manufactured materials that were either undelivered or unincorporated into the project.