We finished up physical work on a job on March 4 as a subcontractor of a subcontractor (Call them RL) under a GC (call them AB) for a commercial project. Our client RL was finally was able to get onsite to do a final walkthrough and sign off on our work on April 8. They still owe us about $6k per the terms of our contract which was the 10% retainage. However the terms of our contract say that they do not have to pay us until 10 days after they collect payment from their client AB. I know that RL was still working on site as of the end of April. And that we have until the 15th day of the 2nd month after the project to file our first notice of an intent to lean. Is that timeline based off of our walkthrough/project sign off date which is April 8th, or when RL finishes their work for their client AB?
I assume that you are referring to a commercial project, and not a residential project, as you do not specify. What follows is for a commercial project.
You should consider mailing a certified letter to the general contractor (known as the "original contractor" under Chapter 53 of the Texas Property Code) by the 15th day of the second month after the month in which you performed your unpaid work, and a notice to the original contractor and the owner by certified mail to trap funds by the 15th day of the third month after the month of the unpaid work.
You should consider preparing a notice of retainage to the owner and the original contractor to mail by certified mail.
If need be, consider filing a mechanic's lien to perfect your claim, and provide notice by certified mail to the owner and original contractor.
What your contract states does not affect your obligations to perfect your claim under Chapter 53. So even if your notices or lien are early, it may prompt payment.
Good luck.
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The timeline for filing a notice of intent to lien can vary depending on the specific laws and regulations in your jurisdiction. In most cases, the timeline is based on the last date you provided labor, materials, or services to the project. In your situation, it sounds like your physical work on the project finished on March 4th, and your client RL signed off on your work on April 8th.