You are not required to send your unpaid invoices with your notice but you must retain them as you may need them in the future.
Related questions and answers
If the general (prime) contractor did not provide the bond information at the time of entering into the contract, you should request it verbally or on writing as soon as possible. Bond claims and liens have very similar deadlines and requirements having all the necessary information at hand is of utmost importance. If you still don’t get the bond information, in most cases you can get it requesting it to the project owner. If you have the bonding company information but not the bond number, you can still file a bond claim.
The county appraisal district websites are free and can provide you with the project owner’s name, mailing address, and legal description of the property. Make sure to search the real property records and not the business/personal property records. To locate a county appraisal district website search online by typing (county name) Texas tax appraisal district website. For example: “Harris County, Texas, tax appraisal district website” or “Harris CAD.” Then select their “Property Search” link and enter owner’s name and/or street address to search for property information. Make sure you have identified the correct legal name of the owner of the property, it could also be a company name. Finding property information in the tax appraisal websites is sometimes difficult and although having the legal description in the lien documents is preferred, if you know the actual street address of the project, you may use that instead and your lien will still be valid.
No, they are not necessarily the same. The project owner is who hired the general contractor and/or subcontractors to perform labor or services to a construction or repair project and whose name is in the contract. This person or entity could be only leasing the property you are working on and not really own it.
No. The Texas constitution only allows a general contractor and those who have a direct contract with the owner to assert a constitutional lien (this lien does not require sending written prelien notices). Subcontractors do not have a direct contract with the owner, therefore those construction liens are called Mechanic’s Lien Affidavit. Exception: If a subcontractor has a direct contract with the project owner, then it might be able to assert a constitutional lien against the project.
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