This notice must be sent to the owner by the fifteenth day of the second month following the claimant’s receipt and acceptance of an order for the specially fabricated material. The original contractor must also be sent notice if the indebtedness was incurred by a person other than the original contractor. Tex. Prop. Code §§ 53.058, 53.253 (both repealed eff. Jan. 1, 2022).
Notice Regarding Specially Fabricated Material[s]
[For Use If Original Contract Entered Into before January 1, 2022]
[Date]
[Name and address of owner] Certified Mail No. [number]
Return Receipt Requested
[Name and address of original contractor] Certified Mail No. [number]
Return Receipt Requested
Re: [specify] construction project (“Project”)
[Salutation]
[Name of claimant] (“Claimant”) has received and accepted an order from [name of customer] for specially fabricated [description] to be delivered to your Project after [they are/it is] made. The price of the specially fabricated order is $[amount]. This notice is sent to you in compliance with the mandatory provisions of Texas law regarding receipt of orders for specially fabricated materials. This is not intended as a comment in any way on Claimant’s customer, [name of customer], but is merely sent in compliance with the state law.
Claimant is pleased to be a participant in this Project and looks forward to working with [name of customer] toward the Project’s successful conclusion.
Sincerely yours,
[Name of attorney]