The Request for Information from Original Contractor is a form letter used to obtain information from the contractor regarding the identity of persons furnished with labor or materials, whether a payment bond has been posted, and project dates.

Under TEX. PROP. CODE 53.159(b), upon a written request, an original contractor who furnished work under the original contract shall furnish to the person the following information within a reasonable time, but not later than the 10th day after the date the request is received:
(1) The name and last known address of the person to whom the original contractor furnished labor or materials for the construction project;
(2) Whether the original contractor has furnished or has been furnished a payment bond for any of the work on the construction project and if so, the name and last known address of the surety and a copy of the bond; and
(3) The date on which the original contract for the project was executed.

Serve the form to the original contractor through certified U.S. Mail with return receipt requested. It does not need to be verified or notarized. Note that if the requester is not in direct contractual relationship with the contractor on the project, that person may require payment of the actual costs in producing the information which cannot exceed $25.00. TEX. PROP. CODE 53.159(e). Therefore, some individuals choose to enclose a check with the request form, up to $25.00.

If the original contractor fails to furnish the required information, he or she may be liable for reasonable and necessary costs incurred in procuring the requested information. TEX. PROP. CODE 53.159(f).

Each case is unique, and the Texas lien law is complex. Contact an attorney for complex situations, with specific questions about requesting information about a construction project, or any other issues related to mechanic's liens.

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