I send a single invoice for retainage at the end of a project. Can I still send a monthly notice if this retainage invoice is unpaid? The invoice includes retainage on the whole project, not just for work done in a particular month.
2 replies
Sep 27, 2019
Yes, you can. I am assuming this is for contractual retainage as opposed to statutory retainage. The difference being that only the direct contractor (the one hired by the property owner) has a statutory retainage requirement, whereas, subcontractor retainage is controlled by the terms of the contract. Keep in mind, in order to preserve your right to file a lien for contractual retainage, you must serve the property owner and the general contractor with a contractual retainage notice no later than 30 days from completion of your work. My name is Robert Lovein. I am a Board Certified construction attorney with Lovein Ribman, which a statewide Texas construction firm. Feel free to call me at 817 442-5106 with any questions. Thank you.
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Sep 27, 2019
I agree with Robert. I'd also add that, when including retainage in monthly notices, those monthly notices should only include retainage amounts that apply to work that's been performed at the time the monthly notice is sent.