Filed an intent lean on a job in Texas though here, trying to figure out if it a residential job or not. Its a development for townhomes, not sure if it's subdivided or not, it has street names. My issue is that I learned now that I'm apparently supposed to send a monthly notice, and I'm past the date if it is residential. Also, had to send invoices in once to the former project manager, then he quit, and then I had to turn in the invoices again to new guy a month later, so does the clock start over?
A residential project is one where the contract is between the owner who lives in the home and the contractor. If you worked on a project where the owner was a company that is going to sell the home(s) you worked on, it is almost certainly a commercial project. Even if you worked on a home and the owner was an individual, but he or she rents out the property, it is almost certainly a commercial project.
As for you your second question about restarting the clock, unfortunately a change in the general contractor does not restart the clock.
Hopefully this answers your questions. As you pointed out, there are different notice requirements depeding on whether you worked on a commercial project or residential project. However, even if you think you missed your deadline, I would recommend sending out your notice with a demand for payment included in it.
If you need help with your notices, or if you have more questions that you need answered, please give us a call at Murphy Legal. We handle construction cases all across Texas. Our number is (979) 690-0800.
Good luck to you!