My levelset settings are saying "your payment rights are at risk because you missed a deadline". I'm unsure as to what deadline I've missed. Payment issue is on invoices in August. September I sent out a monthly notice, notice of intent and a payment reminder. October I sent out 2nd payment reminder and line/bond claim to the surety Our contract with the company was a time/material contract. They paid all invoices up until the final one. Our contract had zero retainage being held. So there is no retainage claims to be made.
It sounds to me like you're in the clear, based on what you've written. However, without knowing all the details, I can't say for sure. Generally, claims on bonds require notice to be sent by either the 15th day of the 3rd month after the missed payment or the 15th day after the 2nd month, depending on the type of claim. Unless you had a claim that required 2 month notice and you sent the notice after the 15th day of the 2nd month, I don't know what Levelset is referring to.
If you feel like there's any chance you may have missed a deadline, I would reach out to an experienced construction attorney immediately. Levelset may not be correct about you missing a deadline, but it is correct that missing a deadline severely cripples your ability to collect the money you are owed. Should you need to discuss, give us a call at Murphy Legal. Our number is (979) 690-0800.
I hope everything works out. Good luck!