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2nd month notice deadline e

I performed some work at a house in January and February, different projects all under my job as a plumber. I dealt directly with the general contractor of the job, never met the owner. Now we are in April and I have no been paid for any work in January or February. If I don’t file a 2nd month notice with the owner, this is a residential job, by April 15, can I not lien or attempt to lien work done in February? And am I too late to try and lien non payment from the January work, because I never sent a 2nd month notice to the GC or home owner by March 15? It’s clear the GC won’t pay, so a lien might be my own way but want to be sure of second month notice deadlines and if I miss it.

1 reply

Apr 9, 2020

Texas notice requirements are confusing, but your outline above is pretty spot-on. On residential projects, Texas-licensed requires that a notice be sent to the property owner and GC no later than the 15th day of the second month following each month in which the lien claimant furnished labor or materials for which he is still unpaid. So, for work performed in January, a notice would have been required in March. For work performed in February, a notice is required prior to April 15 in order to protect the ability to file a valid and enforceable lien.

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