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State of Texas, Dallas County, Priviate ownership. 1st tier subcontractor

We have a project we have performed changes in our orginail scope of work. We have submitted change request. contractor directed us to perform. We have not received a Change Order to bill against. Do we need an invoice to the GC before we submit an intent to lien?

1 reply

Jul 8, 2020

The rules governing change orders are typically controlled by your contract with the general contractor. If the contract is silent as to a change order, it is best practice to have a written agreement reflecting at least the change in the scope of the construction, and which preferably reflects the additional payment to be issued to you. However, don't let the change order confusion or delay prevent you from issuing notice letters and filing your lien timely. Assuming this is construction project for a private owner, the notice letter and lien filing deadlines are not affected by the status of a change order. Instead, they are purely controlled by when the work was performed. So in answer to your question, an invoice is not strictly required as a part of your notice letter, but don't let the change order process, whatever it may be, delay you in putting the general contractor and owner on notice of the value of the work you have performed. Ben House 281-762-1377 ben@houseperron.com

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