Home>Levelset Community>Legal Help>For Texas, is the entire balance due protected by the value on the Preliminary Notice?

For Texas, is the entire balance due protected by the value on the Preliminary Notice?

I ask this because the monthly notices are for select invoices, which do not reflect the entire balance due. If the customer did not pay us, would we only be able to lien on the amount reflected in the monthly notice value? We, of course, would want to have the ability to lien on the entire balance unpaid.

1 reply

Feb 12, 2018

Great question. Monthly notices must be sent for all months in which labor or materials were furnished but not paid for. Where monthly notices are triggered by individual invoices, each notice will protect the corresponding amount unpaid for that particular invoice. And, while an individual notice may not appear to reserve the right to lien for the entire unpaid amount, when the monthly notices are all taken together, the full amount unpaid will be protected by the sum of the individual notices sent for unpaid amounts.

0 people found this helpful

Helpful