I work for an architectural company and I'm finding out the process to file a lien. In Texas they require you to send a notice of intent to the customer. If your four months are not up (billing in 2021) but you have invoices from 2020 can I lump sum that all together or is it to late to include 2020. This is commercial property
Hello,
Lien deadlines go by month. If you completed work in December of 2020, your lien deadlines start running at the end of December for the work completed in December. January would be Month 1. February would be Month 2. Yes, this can potentially lead to multiple liens.
In most cases, you should not lump sum them together. However, even if you have missed some deadlines for the liens, you have not missed your deadlines for suing the offending parties for numerous causes of action related to breach of contract and nonpayment.
E. Aaron Cartwright III
214.799.0776
Aaron@EACLawyer.com
The legal analysis would start with a review of the architect's contract, and then extend to any communications which have occurred. An architect has lien rights if the architect contracted with the owner or the owner's agent, trustee, or receiver.
It does not appear that an architect is required to provide notices of non-payment to the owner as the architect's work progresses to trap funds. An architect's deadline to file a mechanic's lien appears to be the 15th day of the fourth month after the last day of the month in which the project was completed, finally settled, or abandoned. There is no requirement that all of the charges occur within a certain period of time. So if an architect has unpaid charges from 2020, then the architect could include such charges in a mechanic's lien filing in 2021.
Retain a construction attorney to evaluate your legal situation and to provide advice.
Good luck.