As anyone in the construction business in Texas can tell you, notice requirements in the Lone Star State are complicated and confusing. In fact, here at zlien we consider Texas’ construction notice requirements to be the most difficult in the nation by a country mile. While we don’t want to go too far down the rabbit hole on the construction notice mess in Texas, we do want to address one very important issue: do you have to sign your construction notices in Texas?
Please read on for the answer.
There Are Construction Documents in Texas That Specifically Require a Signature
In Texas, there are 3 situations in the mechanics lien process where the document used must be signed.
Texas’ lien laws expressly state that signatures are required:
- 1. when filing a mechanics lien
- 2. when discharging a mechanics lien
- 3. and perhaps most commonly of all, when executing a lien waiver.
However, these 3 instances are the only ones where the documents used must be signed.
Okay, But What About Construction Notices?
There’s a compelling argument that since the Texas lien law specifically addresses the documents used in these 3 scenarios, and is also silent on notice documents, then signatures on notice documents must not be required. And, even taking a closer look at the case law associated with Texas construction notices, zlien’s legal experts could find no evidence that this issue had ever even been addressed by the courts.
So, if the signature requirement for construction notices is not in the law itself, and if the courts haven’t weighed in with guidance that signatures should be required on Texas notices, then it’s safe to say that you probably don’t have to sign them. Right??
Essential Reading for Texas Contractors
If you work in construction in Texas, you definitely should know about the difference between Texas Recurring Monthly Notices and a Notice of Intent to Lien. You should download the 2018 Texas Monthly Notice Calendar. You also need to be familiar with how mechanics liens work on homestead property. And yet another, “only in Texas” thing is the Texas Construction Trust Fund Account requirements, so be sure to read up about that, too!
Best Practice: Sign Your Texas Notices Anyway
While it may be true that you could probably get away with sending your Texas notices without a signature, why take that risk? Another question to ask is: what’s so hard about signing a notice?? The risk to not signing, however small, still outweighs the minuscule effort required to just sign the notices.
Now, please don’t be mistaken: there are a lot of other challenges associated with sending Texas construction notices effectively. But signing the notices is such a small inconvenience, that you should just go ahead and do it.