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if i missed the 2nd month deadline can i no longer make a lien

Started work in January, Finished in April. Checks been in the mail every week. (Person was a friendly acquaintance) I did the sprinkler work for the landscape contractor on a job. So I guess I am a second tier provider. According to your calculator I am 92 days late to file the 2nd month letter but I have 61 days to file a lien. I am not sure what that means or what I am supposed to do. Send a 2 month letter late? Send the 3 month letter soon after and then file a lien or have I lost the right to lien, having missed the first deadline?

1 reply

Jun 15, 2018

Whether or not a 2nd month notice was required depends on the claimant's hiring party. If the claimant was hired by a prime contractor (one who has a direct contract with the property owner), 2nd month notice is only required if the project is residential. If the claimant was hired by someone other than a prime contractor, then that 2nd month notice is required regardless of whether the property is residential or non-residential. Anyway, if notice is required and not sent, a subsequently filed mechanics lien will likely be invalid - even if filed prior to the lien deadline. Sending late notice isn't effective to revive any rights in Texas as it might be in other states, unfortunately. However, there's still value to sending late notice and sending required monthly notices, even where a filing a valid lien claim may no longer be an option. The notices serve as a clear communication of the payment status on the project. Upon receiving notices, the parties in receipt will have an up to date indication of the project's payment status. Plus, depending on the owner and general contractor, they may not be aware that a lien claim is no longer an option - and the notices will serve as a reminder that a lien claim could be imminent. Finally, it's worth noting that even where a valid lien claim might not be filed, there are other options available for recovery.

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