Texas

Pre-Lien Notice Payment Demand

When it comes to preparing and serving a Texas Pre-Lien Notice there are only two options that you should consider: (1) you can retain the Texas Construction Lawyers at Lovein | Ribman, P.C. to do it for you; or (2) you can do it on your own with The Lien Professor’s Lien Kits and Forms. We make doing either of these options quick and easy!

Retain Lovein | Ribman, P.C. to Prepare and Serve Your Pre-Lien Notice

Here Is How It Works: To initiate the process, provide us with your Project Information by submitting the Form below or by Calling Lovein | Ribman, P.C. toll free at (888) 368-2483 and asking for Attorney Robert Lovein. For no charge, we will: (1) analyze your legal matter, (2) answer all of your Pre-Lien Notice related questions, and (3) recommend a course of action. This is something a Lien Service cannot do! If you decide to retain us to prepare and serve your “Pre-Lien Notice,” we will gather all necessary information from you by email or facsimile. There is no need to come to our offices, unless you want to!

We are Texas Construction Lawyers!

Lovein | Ribman, P.C. is a boutique Texas Construction Law Firm. The attorneys at Lovein | Ribman, P.C. have successfully litigated construction disputes in nearly all of Texas’s District and County courts and also have extensive experience in alternative forms of dispute resolution such as arbitration and mediation. In recognition of their work, the firm’s lawyers have developed a reputation in the legal community for authority, competence, and expertise.

Lovein | Ribman, P.C. represents General Contractors, Subcontractors, Material Suppliers, Architects, Engineers, and Laborers throughout the entire state of Texas in both private and public Projects, to include preparation and service of all Mechanics Lien Documents, Mechanics Lien Foreclosure Actions, Payment Bond Claims, construction defects, construction contract disputes, Contract Review and Drafting, and other similar types of construction related matters. We have a comprehensive understanding of Texas construction law and how to enforce the construction laws enacted by this state. That is what we do! And we do it in every county throughout the entire state of Texas every day. If you have provided labor, materials, equipment, or professional services to a construction Project in Texas and have not been paid, we can help regardless of where your office is located. Learn more about the benefits of using a Construction Lawyer.

What is a Pre-Lien Notice?

If you were hired by anyone other than the Property Owner, then you must serve a Pre-Lien Notice (also known as an “Intent to Lien”) before you can file a Mechanics Lien against the Property.  On Commercial Properties, anyone hired by the Project General Contractor must serve a Pre-Lien Notice by the 15th day of the third month, from each and every month that they provided labor, materials, or services to the Property and have not been paid.  Click here to learn more.  If you were not hired by the Property Owner or the General Contractor, then you must also serve an additional Pre-Lien Notice by the 15th day of the second month from each and every month that you provided labor, materials, or services to the Property and have not been paid.  Click here to learn how to combine these two mandatory Notices.  On Residential Properties, only one Notice is required regardless of who hired you, but it must be served by the 15th day of the second month from each and every month that you provided labor, materials, or services to the Property and have not been paid.  Click here to learn more.  In contrast, those hired by the Property Owner are not required to serve any preliminary Notices on either commercial or residential Projects before filing a Lien.  Click here to learn more about Filing a Lien.

If you are among the group of contractors who must first send a Pre-Lien Notice before filing a Lien, don’t be discouraged.  When done correctly, a Pre-Lien Notice is much more than just a statutory prerequisite to filing a Lien and instead can become a powerful tool toward enforcing payment, possibly without having to take the next step of filing a Lien.

The Construction Lawyers at Lovein | Ribman, P.C. can prepare your Pre-Lien Notice as a strong Payment Demand Letter that, depending upon your specific situation, includes the following contentions: (1) that the contract has been breached by nonpayment; (2) that Texas Property Code Chapter 28 (the “Prompt Payment Act”) has been violated by the contractor’s failure to timely release payment; (3) that interest in the amount of 18% a year is accumulating under the Prompt Payment Act and a demand for the accrued interest; (4) that Texas Property Code Chapter 162 (the “Trust Fund Statute”) has been violated by the contractor’s diversion or wrongful retention of construction funds, which imposes both civil and criminal penalties; (5) a demand for immediate payment of the principal amount owed, interest, and attorneys’ fees; (6) that if the amount owed is not immediately paid, then you will file a Mechanics Lien against the Property; and (7) that if the dispute is not resolved after the Mechanics Lien is filed, then you will file a Lawsuit to seek an award for the principal amount owed, accrued interest, attorneys’ fees, and costs.  Alternatively, if a payment dispute does not exist, then we can also prepare and serve a non-confrontational Pre-Lien Notice with all of the required statutory language. Learn more about the benefits of using a Construction Lawyer.

Serving Dallas, Fort Worth, Austin, San Antonio, Amarillo, Lubbock, Midland & El Paso