Construction projects often demand custom materials that are only suitable for that specific job, due to unique dimensions of the materials or other customized aspects as specified by the customer. These materials are not suitable for use in other projects, except as possible salvage or scrap with a greatly diminished value.

Suppliers of specially manufactured items that are not reasonably suitable for other jobs may serve the Notice of Specially Manufactured Items as set out at Sec. 53.058 of the Texas Property Code. This notice is not required, but under 53.023(2), a person who creates such job-specific materials is entitled to lien, even if the materials were never delivered to the job site.

These claimants must also serve the Notice of Contractual Retainage, along with either a Second Month Notice or a Third Month Notice, warning the contractor and owner about the outstanding debt.

The document identifies the parties and the project, describes the materials, and lists the relevant dates, fees, and payments, if any. The Notice of Specially Manufactured Materials is not recorded in a county public records office and does not need to be verified or notarized. Simply fill out the required fields and send it via U.S. certified or registered mail with a return receipt requested.

Texas lien laws are complex and require strict adherence. Each case involving specially manufactured items is unique, so contact an attorney for complex situations, with specific questions about the Notice of Specially Fabricated Materials, or any other issues related to mechanic's liens.

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