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Do I send a monthly notice based off of the month that work was completed or the month in which we sent the invoice?

TexasMonthly Notice

We invoice our customer several months after completing the work. Will this complicate our notice process? We are required to send monthly notices based off of the INVOICE date and not the month in which the labor took place, correct? This can complicate things, because at times we will be sending our last notice and the lien during the same month.

2 replies

Aug 18, 2020

Texas monthly notice requirements are driven by the month in which labor or material was furnished to the project for which the claimant remains unpaid. The determining factor is when the work (or material) itself was furnished, not when it was invoiced or was to become due. You can download a helpful monthly notice calendar here. Note that this deadline is for each month in which labor or material was furnished for which the claimant remains unpaid. And, depending on role and project type, more than one monthly notice may be required for each month.

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Aug 19, 2020

The law requires that notice letters be sent based upon when the work was performed. The law does not care about any agreement or practice where invoices are sent much later than the work is performed.

This legal requirement absolutley can, and often does, complicate things, but it is critical to send your notices timely if you wish to preserve your lien rights.

Very best,

Ben House

281-762-1377

ben@houseperron.com

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