When you’re working hard on a construction project and payment doesn’t come through, a pre-lien notice in Texas may be your first and most important step toward protecting your right to get paid. In simple terms, a pre-lien notice is a legal warning that lets the property owner and general contractor know you haven’t received payment and that you may file a lien if the issue isn’t resolved.
Texas has some of the strictest lien laws in the country. Missing a deadline or not sending the right notice could mean losing your right to file a lien entirely. Whether you’re a subcontractor, supplier, or someone else down the payment chain, understanding how the pre-lien notice fits into the lien process in Texas is critical. This guide breaks it down, so you can feel confident, stay on deadline, and take control of your payments.
What Is the Purpose of a Pre-Lien Notice in Texas?
A pre-lien notice is also commonly called a notice of intent to lien or preliminary notice. It alerts the general contractor and property owner that you (a subcontractor, sub-subcontractor, or materials supplier) are not being paid for your work. As a result, you can publicly file a lien against the property to collect payment.
A pre-lien notice must be served to the project and/or property owner and the general contractor to preserve your mechanic’s lien rights. Also, a pre-lien notice must be served for each month you completed work and did not receive payment. So, if your job spanned several months, you need to give notice for each month that you are owed money. It’s a bit complicated, but online lien-filing services are available to automatically help you figure it out.
Who Can Send a Pre-Lien Notice?
Everyone, unless you have a direct contract with the project owner. Generally speaking, only the General or Prime Contractor is exempt from sending a pre-lien notice in Texas before filing a mechanic’s lien. Thus, all contractors, subcontractors, sub-subcontractors, and material suppliers who do not have a direct contract with the project owner are required to send a pre-lien notice letter to qualify for the right to file a mechanic’s lien to collect payment.
In many cases, merely sending a Texas pre-lien notice letter is enough to prompt the payment you are owed. However, the notice letter must be served within the required deadlines, which we will outline next.
What Information Must Be Included in a Texas Pre-Lien Notice?
When it comes to protecting your lien rights in Texas, accuracy is everything. A pre-lien notice isn’t just a friendly reminder; it’s a legal document that must include specific details. Leaving out any required information could mean losing your right to file a mechanic’s lien later on.
Here’s what a proper Texas pre-lien notice must include:
1. Basic Information About the Project
You’ll need to clearly list the project’s name, address, and county where the work or materials were provided. This ensures there’s no confusion about which property the notice is connected to.
2. Your Business Information
Include your full legal name or company name, mailing address, and contact person. This helps the property owner or general contractor know exactly who is making the claim.
3. Description of the Work or Materials
Keep it short and clear. Briefly describe the labor you performed or the materials you delivered. For example: “Concrete foundation work performed in March 2025” or “Roofing materials supplied in April 2025.”
4. Names of the Parties Involved
If you’re a subcontractor or supplier, list the name of the general contractor and, if applicable, the subcontractor you worked under. Also include the property owner’s name if known.
5. The Amount Owed and the Date
State the exact amount you haven’t been paid for each month and specify which month the work was done. Remember, Texas requires a separate pre-lien notice for every unpaid month.
6. The Legal Warning Statement
Your notice should also include the standard legal language warning the owner that their property could be subject to a lien if payment is not made. This isn’t optional. It’s required under Texas law.
Many contractors find this part of the lien process overwhelming, but it doesn’t have to be. Online platforms can walk you through each required field, ensuring nothing is missed. When your notice is correct and complete, it’s more likely to get results and help you get paid without needing to file a lien at all.
When Do I Send a Pre-Lien Notice Letter?
There are strict and varying deadlines for the lien process in Texas, and the schedule is determined by the date when you completed the work and where you are in the job hierarchy.
The 1st tier subcontractors and materials suppliers, or those that work directly for the general contractor, are required to send a Texas pre-lien notice letter to the general contractor and owner by the 15th day of the third month after the month the work was performed.
The 2nd tier contractors, or those that work for a subcontractor, have one fewer month and generally must send a pre-lien notice letter to the general contractor and owner by the 15th day of the second month after the month the work was performed. For more explanation and details on deadlines, you can find a detailed chart dates and deadlines related for lien and bond claims.
You are required to send a separate pre-lien notice in Texas for each month you’re not paid, or you will forfeit your right to file a mechanic’s lien for that month’s work.
You must enforce a mechanic’s lien no later than one year after the last day the lien could have been filed or within one year after the completion, termination, or abandonment of the work under the original contract. Whichever is later. This applies to both residential and commercial projects.
How Technology Makes Pre-Lien Notices Easier and More Accurate
With so many deadlines, document rules, and legal requirements, even experienced contractors can make mistakes with pre-lien notices. But the good news? You don’t have to figure it out alone. Technology has completely changed the way pre-lien notices are created and filed, making the lien process in Texas faster, more accurate, and less stressful.
Today, digital tools help construction professionals handle their lien paperwork in just minutes. Here’s how:
1. Automated Deadline Tracking
One of the most common reasons contractors lose their lien rights is missing the deadline. Digital platforms now calculate your exact pre-lien notice deadline based on when the work was done and your role in the project. No need to count days on a calendar or worry about legal cutoffs because smart software keeps you on schedule.
2. Pre-Filled, Legally Compliant Forms
Instead of guessing what to include, online platforms guide you step by step. You just answer a few simple questions, like your project info, what work was done, and when, and the system generates a ready-to-send pre-lien notice that meets all Texas legal requirements. No need to study the law or worry about missing details.
3. Verified Property Information
Many tools pull property owner names, addresses, and legal descriptions straight from public databases. This ensures you’re sending notices to the correct parties and helps avoid costly errors that could invalidate your lien rights.
4. Electronic Notarization, Filing, and Mailing
No more driving to a notary or waiting in line at the post office. You can sign, notarize, file, and even mail your pre-lien notice from your phone or computer. With certified mail tracking and downloadable proof of delivery, you’ll have everything you need to show you followed the law, just in case you ever need to file a lien.
Technology saves you time and protects your ability to get paid. By removing the guesswork, modern lien tools help small contractors, subcontractors, and suppliers feel confident, even when navigating complicated Texas lien laws.
Where to Get Started with Pre-Lien Notices in Texas
If you’re a subcontractor, supplier, or anyone else who doesn’t have a direct contract with the property owner, sending a pre-lien notice in Texas is a smart move and a legal requirement. These notices are essential to protecting your right to file a lien and get paid for your work. But they must be done correctly, completely, and on time. And if your job spans more than one month, you’ll need to send multiple notices.
Thankfully, you don’t need to handle this process alone. Texas Easy Lien makes it simple to create, sign, and send all your lien-related documents online. We walk you through each step, help you stay on deadline, and make sure your notices are legally sound. Whether you’re sending a pre-lien notice, filing a lien affidavit, or both, we’ve got you covered. You work hard. Let us help you protect what you’ve earned. Get started now with fast, affordable, and attorney-approved lien services built just for Texas contractors.
