I am a subcontractor for concrete work, I didn’t send the preliminary intent to lean when I started working.

4 months ago

I have been setting forms and pouring concrete at an Apartment building for the past 45 days. I have not received a check in 3 weeks and wanted to put a lien on the property because the GC hasn’t paid me and I see no intent. Can I do anything

Attorney Law Office Of Derek R Van Gilder

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Derek Van Gilder

CEO Levelset
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Whether you can or cannot file a mechanics lien to get paid on a job in Texas requires going through a few different items — your notice requirements, the time since your last work, etc. etc. And, unfortunately, Texas’ mechanics lien laws are some of the most complicated in the country, which makes figuring this out — whether you do or do not have lien rights — kind of difficult.  Let’s go through some of the items for this situation.

The Texas Notice Requirements for Subcontractors

Your question mentions an “intent to lien notice.”  There are all kinds of notice requirements in Texas that go by different names. You can learn here about Texas’ Notice Requirements.

For subcontractors, Texas requires “Monthly Notices” that are sent each and every month that you have unpaid labor/materials on a job.  You mention that this is on an “apartment building,” and so I’ll presume that this is a commercial job (as most apartment complex projects are — see “Types of Construction Projects“).

Here is the explanation of the Texas notice requirements for subcontractors and commercial jobs:

On non-residential projects, first-tier subcontractors must send notice by the 15th day of the 3rd month following each month work was performed and unpaid.  Subcontractors who contracted with a party other than the direct contractor on non-residential projects must send a notice by both the 15th day of the 2nd month, and the 15th day of the 3rd month following each month in which work was performed and unpaid.

From your question, it sounds like you were hired directly by the GC.  As such, you must send a monthly notice by the 15th day of the 3rd month following each month that work was performed and unpaid.

Yes, that’s an absolute mouthful.

Yes, it’s hard to figure out.

We have a chart that might help you at this link:  When do I need to send a Texas notice?

To read this chart – for your purposes – look at the “3rd Month Notice Due” column and the “Month Work Performed In” column.

If you did any work in the “Month Work Performed In” column, and that work is unpaid, then to file a lien for that month’s work, you’ll need to send your notice before the “3rd Month Notice Due” date for that row.

So, do you still have time to send your Texas notice?

Your question says  that you have been “setting forms and pouring concrete at an Apartment building for the past 45 days.”

45 days ago is well within your timeframe to send the 3rd Month Notice.

As such, you’ll want to get that notice sent out ASAP, and this will make sure you preserve your rights to file a mechanics lien in Texas.

You can send a Texas Monthly Notice very easily. Here is a guide on how to do it yourself: How To Prepare & Send Texas Monthly Notices – Texas Notices Explained.  And you can get a prepare and send a Free Texas 3rd Month Notice Form right from within Levelset here:  Send a Free Texas Notice Now.

What’s Next?

If you send your monthly notice and still are not paid, then your next step is to file a mechanics lien. Here is information about that deadline:  Deadline to file a Texas mechanics lien.

Good luck!

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