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See below. Time is important here. Call me if possible.

I am an Architect and I am owed 50k for architectural services for a contract directly with the owner. My invoices are over 4 months old. Can I send updated or corrected invoice to be under 4 month deadline? Also we have continued to work on the project at the owners request and he issued 2 post dated checks which did not clear. Can this suffice as evidence for the 4 month rule?

1 reply

Oct 17, 2017

Generally speaking, in Texas a party contracting directly with the property owner must file their lien by 15th day of the 4th calendar month after the day on which the debt accrued (or the 3rd month if the project is residential). In Texas, “Completion” is defined as: “the actual completion of the work, including any extras or change orders reasonably required or contemplated under the original contract, other than warranty work or replacement or repair of the work performed under the contract.” Accordingly, if the work that you have continued to provide at the owner's request is the punchlist work required to complete the contract scope of work - it likely extends the date of completion of the project and the deadline for filing mechanic’s liens. Note, however, that warranty, repair, or replacement work will not extend the completion date.

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