Notice to Owner and Contractor in Texas Construction Contracts– Fort Worth, Texas Construction Law Attorneys

Private Form #4 – NOTICE TO OWNER AND ORIGINAL CONTRACTOR
[Date]
(1) CERTIFIED MAIL:
____________________ RETURN RECEIPT REQUESTED
____________________
Dear Sir:
We have furnished (2) to (3) . (4) on the construction in progress on your property at (5)
We have not been paid the amounts due us for the month of (6) in the amount of $ (7) as shown by the attached
statement which is made a part hereof. Under the mechanic’s lien laws of Texas, a subcontractor or supplier of goods
or labor is required to notify the owner of all claims which are not paid. Failure to give this notice may cause us to lose
our rights under the mechanic’s lien laws if the sums are not finally paid.
The law requires that we advise you that if our bill is not paid, you may be personally liable and your property
subjected to a lien unless you withhold payments to the contractor for the payment of our statement or unless the bill is
otherwise paid or settled.
Demand is hereby made for the payment of our claim from funds withheld by you as owner unless the contractor
disputes this claim as required By law.
Should you have any question concerning our claim, please advise us. We will appreciate being advised if there
is a dispute as to our claim from the contractor.
Sincerely,
(9)
(10)
cc: (11) Certified Mail Return Receipt Requested
(12) Certified Mail Return Receipt Requested
* * * * *
(1) Letter addressed to the owner of the property being improved and original contractor.
(2) Indicate generally what has been furnished.
(3) Name of the person to whom you furnished goods or labor.
(4) Indicate status of person to whom you furnish, such as “contractor” or “subcontractor.”
(5) Address of the job–street number, and city.
(6) Indicate the month or months during which work was done for which payment has not been received.
(7) The amount due.
(8) If you have already filed a lien affidavit or are doing so simultaneously insert: “We have elected to file an
affidavit claiming a lien on your property and enclose a copy of the affidavit as filed.”
(9) Your company.
(10) Person signing letter and capacity.
(11) The general contractor, if not your customer.
(12) Your customer.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

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