Can I use the 1st day on the job date to track the prelim in TX even if I know materials were delivered earlier (but don't know when)?

1 month ago

While I know the first day we were on the job, I also know materials were delivered earlier, but I don’t know that exact date. Can I use the first day on the job to start the preliminary notice tracking or could that cause trouble down the line?

Senior Legal Associate Levelset

In Texas, notices don’t generally rely on the first date of furnishing. For those who are providing specially fabricated materials, notice must be sent based on when the specialty material provider fist accepts the order for materials. Otherwise, though, Texas preliminary and monthly notices don’t strictly rely on the first furnishing date – so, utilizing a first furnishing date that’s not perfectly accurate might not be that big of a deal.

Note, though, that Texas monthly notices are sent based on months where labor or material was provided but not paid for. So, in a situation where materials were first delivered to the job, and when that delivery occurs in a month that is before the month where the claimant first went to the job site, that first furnishing date of materials might be important in calculating when monthly notices should be sent. If the first materials furnished to the job in that prior month aren’t paid for, and if a monthly notice isn’t sent based on those materials first furnished, then those early materials might not be subject to a claim later on.

For more information on when Texas notices must be sent and what dates will be pertinent:
(1) Texas Preliminary Notice Guide and FAQs
(2) How To Prepare & Send Texas Monthly Notices – Texas Notices Explained

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