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Sent a preliminary notice to subcontractor

Texas

I requested a preliminary notice to be sent out to a subcontractor who hired me on a residential job. I requested this letter on September 15. Preshipment info was sent to USPS on and arrived at USPS on 9/20. I was paid at about 5:15pm on 9/17. I signed a document that states I release any mechanical lien rights, stop notices, or bond right. The subcontractor received this letter yesterday and said I needed to take care of this. I told him those letters were sent before I received payment and that because it was a preliminary letter I didn’t need to take any more action other than not send any more out. He said that I needed to call level said and make sure everything was closed down because he had called and they had told him it was not. This was yesterday at about 7 PM so obviously no way for me to contact anyone since you guys close at 6 PM. This morning I contacted someone I had archive the jobs and just said I had been paid so please be sure no other notices are sent out. The subcontractor said he turned over the notices to his attorney and that I would be hearing from him. My question is, could I have any issues with the fact that the letter that I requested be sent out on the 15th was actually mailed until the 20th even though USPS received the information on the 17th, the same day I signed the document. On the affidavit of delivery it states letter was mailed out 9/17. When I spoke to the representative earlier she did create a retraction letter but I did ask her not to send it I just wanted to have the PDF in case I needed to send that out but I’m wondering what my best option is.

1 reply

Sep 23, 2021

Hello,

The subcontractor will be fine. I believe you told me on another forum that he had handed it over to his legal team but basically all you have to do is tell them that you have been paid so you have no intention of suing and you are good to go. Communicate in writing.

E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com

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