How to obtain information from a subcontractor on a private project:

The Request for Information from a Subcontractor is a form letter used to obtain information from a subcontractor regarding the identity of persons the subcontractor furnished with labor or materials, persons furnishing labor or materials to the subcontractor, and details on whether any payment bond has been posted.

Under TEX. PROP. CODE 53.159(c), a subcontractor, on written request by an owner of the property being improved, the original contractor, a surety on a bond covering the original contract, or any person furnishing work under the subcontract, shall furnish to the person the following information within a reasonable time, but not later than the 10th day after the date they receive the request:
1) The names and addresses of each person the subcontractor purchased labor or materials for the project (other than those materials which the subcontractor furnished his or her own inventory)
2) The names and addresses of each person that the subcontractor furnished labor or materials for the construction project.
3) Whether a payment bond has been provided on the project, and the name and address of the surety and a copy of the bond.

Send the request like a standard business letter. It does not need to be verified or notarized. Deliver the form to the subcontractor through certified U.S. Mail with return receipt requested.

If the requester is not in direct contractual relationship with the subcontractor on the project, that person may require payment of the actual costs they incur in producing the information, to a maximum of $25.00. TEX. PROP. CODE 53.159(e). Therefore, some choose to enclose a check with the request form, up to $25.00, to cover costs.

If the subcontractor 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 a subcontractor, or any other issues related to mechanic's liens.

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