I'm a subcontractor in San Antonio, Texas and the General Contractors take more than 40 days to make our payments. The stated on the contract that "They pay as they received funds from the owner". Can I still send a NOI?
This is a good question and a very common mistake contractors make.
Notice letter and lien filing deadlines do not depend at all on the payment terms of your contract. Instead, these deadlines are calculated from the last day of the month(s) in which work was performed or materials were provided. So the answer to your question is not only can you send lien notice letters, but you must prior to the statutory deadlines to preserve your lien rights.
Ben House
281-762-1377
ben@houseperron.com