If you specially fabricated materials for a project and the owner, general contractor, or a subcontractor is refusing to accept and pay for the materials, then you likely have a right to file a lien against the property even if the materials have not been delivered to the project.  If the order was placed by the property owner, you are not required to serve a pre-lien notice letter and can go straight to filing a lien against the property. Click here to File A Lien.

If the order was placed by someone other than the property owner, you must give the owner written notice of the order no later than the 15th day of the second month after the month in which you receive and accept the order for the material.  If the order was placed by someone other than the general contractor, then you must also send the same notice to the general contractor within the same time period.

The notice must contain: (1) a statement that the order has been received and accepted; and (2) the price of the order.

If you failed to provide the above notice and the material was actually delivered to the project, then, you still have a right to file the lien if you timely serve a pre-lien notice letter in accordance with Texas Property Code Section 53.056.  Click here to Serve A Pre-Lien Notice Letter.