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Can we filed a lien

Texas

We missed the dateline.

1 reply

Aug 2, 2022

In answer to your question,

Original contracts entered into on or after 1/1/22
If you fail to send a required monthly notice on time, it’s unlikely that you will be able to file a mechanics lien claim in Texas for that amount.
As far as the Notice of Claim on Unpaid Retainage, missing this deadline may not be necessarily fatal to a claimant’s ability to recover unpaid retainage, if the withheld amounts were included in the prior notices.

Original contracts entered into before 1/1/22
The same general rules apply, with the following exceptions:

If a custom material supplier misses the deadline to send a specially fabricated materials notice, that lien claimant may only claim for any materials that were actually delivered and used in the project.

Feel free to contact me directly if you need anything else.

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