Fill and Sign the Notice Unpaid Balance Form

NOTICE TO OWNER OR ORIGINAL CONTRACTOR OF UNPAID BALANCE - INDIVIDUAL FOR LIENS ON A HOMESTEAD PROPERTY: IF A SUBCONTRACTOR OR SUPPLIER WHO FURNISHES MATERIALS OR PERFORMS LABOR FOR CONSTRUCTION OF IMPROVEMENTS ON YOUR PROPERTY IS NOT PAID, YOUR PROPERTY MAY BE SUBJECT TO A LIEN FOR THE UNPAID AMOUNT IF: (1) AFTER RECEIVING NOTICE OF THE UNPAID CLAIM FROM THE CLAIMANT, YOU FAIL TO WITHHOLD PAYMENT TO YOUR CONTRACTOR THAT IS SUFFICIENT TO COVER THE UNPAID CLAIM UNTIL THE DISPUTE IS RESOLVED; OR (2) DURING CONSTRUCTION AND FOR 30 DAYS AFTER COMPLETION OF CONSTRUCTION, YOU FAIL TO RETAIN 10 PERCENT OF THE CONTRACT PRICE OR 10 PERCENT OF THE VALUE OF THE WORK PERFORMED BY YOUR CONTRACTOR. IF YOU HAVE COMPLIED WITH THE LAW REGARDING THE 10 PERCENT RETAINAGE AND YOU HAVE WITHHELD PAYMENT TO THE CONTRACTOR SUFFICIENT TO COVER ANY WRITTEN NOTICE OF CLAIM AND HAVE PAID THAT AMOUNT, IF ANY, TO THE CLAIMANT, ANY LIEN CLAIM FILED ON YOUR PROPERTY BY A SUBCONTRACTOR OR SUPPLIER, OTHER THAN A PERSON WHO CONTRACTED DIRECTLY WITH YOU, WILL NOT BE A VALID LIEN ON YOUR PROPERTY. IN ADDITION, EXCEPT FOR THE REQUIRED 10 PERCENT RETAINAGE, YOU ARE NOT LIABLE TO A SUBCONTRACTOR OR SUPPLIER FOR ANY AMOUNTY PAID TO YOUR CONTRACTOR BEFORE YOU RECEIVED WRITTEN NOTICE OF THE CLAIM. To: ________________________________ Owner or Reputed Owner _____________________________________________________ Address ________________________________ Original Contractor _____________________________________________________ Address The undersigned individual, ________________________________ , as a claimant other than the original contractor in order that his or her lien may be valid, hereby provides notice to ________________________________ , the owner or reputed owner and ________________________________ , the original contractor, not later than the 15 th day of the second month following each month in which all or part of the claimant’s labor was performed or material or specially fabricated material was delivered, of the following: (1) The unpaid balance is ________________________________ . (2) To authorize the owner to withhold funds under Title 5, Subtitle B, Chapter 53, Subchapter D of the Texas Property Code, if the claim remains unpaid, the owner may be personally liable and the owner's property may be subjected to a lien unless the owner withholds payments from the contractor for payment of the claim, or the claim is otherwise paid or settled. Notice to Owner or Original Contractor of Unpaid Balance Page 1 of 2 Signed on the _____ day of _______________ , 20 _____ . Signature       Printed Name Certificate of Delivery I,       , hereby certify that I have delivered this day a true and correct copy of the foregoing to       by: Mailing a true and correct copy of same by Certified or Registered U.S. Mail, postage prepaid, to       , at his/her last known business or residence address located at       . So certified this the _____ day of _______________ , 20 _____ . Signature TX Code § 53.252 Notice to Owner or Original Contractor of Unpaid Balance Page 2 of 2