We are having an issue with one of our suppliers using ship dates for their notice date but aren't getting invoiced up to seven days later. What is the supplier lien laws in Texas for a situation like this. If using ship dates, what date do suppliers use if material is coming in from another country. Please advise.
The date that is operative is actually the end of the month in which the materials were delivered for incorporation in the real estate project being improved.
So, for example, if materials were supplied to the project during December, the deadline for a derivitive claimant to provide notice to the original contractor is the 15th day of February (for a commercial project) and to the owner and the original contractor by the 15th day of March, no matter when in December the materials were supplied.
You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if a lien is filed, it has been properly and appropriately occurred.
Good luck.