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Partial lien notice

Texas

I am a sub contractor in Texas. I am doing a large project in Texas that we are partially billing each month until we finish the job. When I file notice for each completed portion Levelset is asking for the Total $ amount. Is that amount what I am currently invoicing or the total contract amount for the completed job?

1 reply

Aug 20, 2021

The legal analysis may differ depending on whether your project is residential or commercial.

Assuming the project to be commercial, you should be providing notice by certified mail to the owner and original contractor (typically, the general contractor and the one who contracted directly with the owner) to provide notice of non-payment with a request for the owner to trap funds. The deadline for that notice is the 15th day of the third month after the end of each month in which you provided labor or materials but have not received payment. The amount of money to list in the notice is the amount that has not been paid for that month. You can also include the unpaid amounts from previous notices, as well as any retainage withheld from the payments to you.

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

Good luck.

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