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Do i need to send a required 3rd month non-payment notices monthly until i am paid each month or just once?

TexasMechanics LienMonthly Notice

Hello, I would like to have a better understanding on how often we should send non-payment notices in TX. For example - if work has been done in July and August of 2022. July non-pymt notice was due by the 15th of October, (and imagine it was sent); and August is due in November. So when we ready to send August non-pymt notice by the 15th of November - do we need to sent July notice again or should we only send it once (which imagine was already sent in October) ??

4 replies

Nov 15, 2022

You don't indicate whether your project is commercial or residential. The notice deadlines for each are different.

You don't indicate where you are on the contracting hierarchy. The notice requirements can be different.

If retainage is owed or has been withheld, you should so indicate in your notices.

To be safe, you should consider reminding the owner and original contractor of past due invoices. Remember that the squeaky wheel can get the grease.

You should consider retaining a construction attorney to evaluate your legal situation and to provide advice.

Good luck.

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Nov 15, 2022

Its commercial project. 

We are contractor, hired by General contractor (who is hired by the Owner)

Retainage hold is 10%. 

Just wonder if it is required by law to keep sending monthly notices until we are paid, or if its required to do so only once when timelien hit 3rd month. 

Thank you for your help! 

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Nov 15, 2022

One notice is sufficient to protect a claim for that month's unpaid work. But, it more work has been performed, it is a good idea to incorporate prior claims with your current claim.

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Nov 16, 2022

Work performed in each month must be separately billed for that month.

Notices must be sent on or before 45 days after the end of the month in which the work was performed.

A separate notice must be timely sent for each month for which payment has not been received.

 

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