Commercial private job with a $10K down payment before any labor, how would we handle a monthly notice? Was billed 6/15/22, still not paid. Starting work this week. - thanks!
You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.
Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.
You do not provide enough facts to evaluate your legal situation. Did you contract with the owner, or the original contractor, or a subcontractor or what? The legal requirements could be different based on where you are on the contracting hierarchy.
Typically, a notice of non-payment and/or funds trapping notice is due by the 15th day of the third month after the month in which the unpaid work was performed (assuming that you are on a commercial, and not a residential project). If you have been paid, then no notice is necessary.
Good luck.
We are the GC contracted with the owner direct. Since no work has been performed but the down payment agreed to up front has not been paid, it seems that we would not need (or be able) to send a notice until the 15th day of that 3rd month after that work begins. Does this sound correct? Thank you.
If you contracted directly with the owner, no notices are necessary in any event. In addition to any mechanic's lien rights you may have, you would also have a right to a Texas Constitutional mechanic's lien which has no statutory deadline for filing.
Again, retain a construction attorney to provide guidance.
Good luck.