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Texas Special Notice Letters

Three types of “special” notice letters may be used, in addition to the general notice of an unpaid debt. They are the following:


  • Notice of an Order for Specially Fabricated Materials
  • Notice of a Contractual Retainage Provisions for Subcontractors
  • Request for Notice From an Owner In The Event a Project is Terminated Before Completion

Notice of an Order for Specially Fabricated Materials

Under section 53.0231(a) person who specially fabricate materials that are unsuitable for use on other projects are entitled to a lien, even if the materials are not delivered or incorporated into the work. A lien can be filed, as long as a “Notice of Specially Fabricated Items” was sent to the owner via certified mail.


Notice of a Contractual Retainage Provisions for Subcontractors

This covers a retainage obligation in favor of a subcontractor.


Notice From Owner - Project Terminated Before Completion.*

This notice is meant to deal with the situation when an owner terminates an original contractor before the work is completed or when an original contractor abandons a project. This must be sent via certified mail and it must be sent before the termination or abandonment occurs.


*Construction Notice has incorporated the below language in their Notices: “as provided by section 53.107of the Texas Property Code, we request that you provide to us notice if the general contractor is terminated or if the contract for construction is abandoned.”


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