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)?

9 months 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
355 reviews

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

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
Managing Partner Miller, Ross, & Goldman
9 reviews

I wanted to follow-up and confirm you were able to secure your lien rights and get paid on this project.

If I can further assist your company with any unpaid invoices, please feel free to call or email. My firm can collect for you even when lien rights have expired or were never pursued.

Mike Ross
Miller, Ross & Goldman
mross@mrgpartners.com
(512)275-6412 Direct
https://www.mrgpartners.com/levelset

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