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15th day of 3rd month rule from date we last brought material to the job or last day worked at job

TexasLien Deadlines

I run a concrete company in Texas and the last day we poured concrete was August 28th but then the second week of September we went and pulled forms off of the concrete and cleaned up the job site. Which date is the 15th day of the 3rd month rule set?

1 reply

Nov 14, 2018

That's a good question, and that's a determination I can make for you. However, explaining the rules surrounding this requirement might help provide some clarity. As a general matter, a claimant's "last furnishing" date is the last date on which the claimant provided substantial work to the project under their contract. Punch-list items, site cleanup, and warranty work will typically not extend the timeframe for sending notices or filing liens. Specifically, in Texas, this date refers to "the last day of the last month in which the labor was performed or the material furnished" under § 53-053(c). Thus, the last day on which labor was used in the direct prosecution of work or the las day on which materials was provided for the work will start the clock on when a Texas mechanics lien must be filed. When in doubt, considering how strict lien deadlines can be, it's typically safer to be conservative and assume that the deadline will be sooner rather than later. Finally, this article from zlien may also help provide some insight: What’s the ‘Date Labor or Materials Last Delivered’ and How Can I Prove It?

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