Home>Levelset Community>Legal Help>Do I need to file a Notice of Specially Fabricated Materials and Requests for Information

Do I need to file a Notice of Specially Fabricated Materials and Requests for Information

We have a job that we completed part of the design for, but the project was suspended due to Covid. We sent a billing 3/31/20 at the request of the GC, but have not been paid yet. I never filed the Notice of Specially Fabricated Materials and Requests for Information because the project was suspended. Should I send one now to protect our lien rights, even though it's late?

1 reply

Jun 19, 2020

Requests for information, in and of themselves, don't provide any mechanics lien protection. So, on that front, it shouldn't really matter. Granted, having all information on hand could only be helpful - so it may still be worth sending. Regarding the Notice of Specially Fabricated Materials - if the deadline to send that notice is missed, then sending it late won't have any practical effect. However, those materials will still be lienable if they were delivered to the job site and as long as the amounts owed for those materials are included in monthly notices. As for the Notice of Contractual Retainage - that can be sent at any point during your work, really. So, sending that notice later on in the job won't have any negative effect, and it should help to preserve lien rights against retainage amounts moving forward. For further discussion on Texas notices, this page will help: Texas Notice Guide and FAQs.

1 person found this helpful

Helpful