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How bad is it if a first notice was not submitted on time?

TexasMechanics Lien

Job completed on November 18th, first notice not filed or submitted can i still go through with putting a lien on property?

1 reply

Feb 2, 2021

Hello,

That depends on your position in the food chain. Are you the general contractor or a subcontractor?

General contractors can lien without providing notice. Subcontractors will want to send notice of intent to lien prior to January 15, in your circumstance, but the law requires substantial compliance so you can potentially still get your notice out without affecting your lien rights but if you go to enforce it, someone will most likely argue failure of the first notice.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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