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Are my lien rights still protected if I sent a 3rd month notice 5 days after the 15th of June?

Texas

I accidently pulled a 3rd month notice from going out on Tuesday, the 15th and am just realizing it today. I submitted an expedited notice but am afraid this has risked my rights to file a lien.

2 replies

Jun 18, 2021

Hello,

Send it anyway and argue in court later. The standard is "substantial compliance" with the notice provisions in the statute. Yes, it will be difficult, annoying, and somewhat dependent on the judge, but you'll be better off sending it than not sending it so... send it anyway.

E. Aaron Cartwright III
214.799.0776
Aaron@EACLawyer.com

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Jun 19, 2021

You really should retain a construction attorney to evaluate your legal situation and to provide advice. A third month notice typically would be a notice of non-payment with a funds trapping request to the owner by certified mail, and also to the original contractor.  

You do not specify what kind of project (residential or commercial) - the notice deadlines are different. The third month notice you discuss would be too late for a residential project.

I assume from your inquiry that you are a subcontractor. If you contracted directly with the owner then no notice is necessary, third month or otherwise.

Again, retain a construction attorney to evaluate your legal situation and to provide advice.

Good luck.

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