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Materials Last provided in December

Texas

Materials provided from July through December. Can I submit the Job dated December to protect all invoices or have I already lost my rights on July invoices?

1 reply

Jan 18, 2022

You don't indicate whether your project is commercial or residential (the rules for perfection of claims are different). You also do not indicate to whom you provided the materials (the rules for perfecting claims differ based on where on the hierarchy you stand). You also do not indicate if or when the project was completed (again, the rules can be different).

Assuming that your project is commercial and you provided materials to the original contractor (the contractor who contracted directly with the owner), you would have had to provide notice to the owner by the 15th day of the third month after the end of the month in which you provided the unpaid materials.

Retain a construction attorney to evaluate your legal situation and to provide advice.

Good luck.

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