We have an unusual situation with our job at 1802 Carriage Run West. We provided ready mix concrete to Arthur Sanders (contractor) for use at 1802 Carriage Run West Conroe, TX on 6/11/21. Arthur Sanders paid for the concrete with a credit card on the same day, 6/11/21. The contractor, then disputed the charge on 7/24/21 with his credit card company. Yellow Jacket responded to the dispute on 8/6/21 and now the credit card company has until 9/8/21 to make a decision. My question is, when does the time clock start for the required notices? I spoke with Kelsey/Levelset and she assured me during a telephone call earlier today that our lien rights are still protected with this Notice of Intent to Lien scheduled to go out within 4 days. Can you please confirm? My concern is I still see a Levelset alert that our payment is not protected. Please advise on the above. Thank you
Hello,
The time clock started when you finished work. You poured on 6/11. Your first notice was due by 8-15-21. You may still "substantially comply" with the statute if you get it out ASAP. Your next notice is due 9-15. When your actual lien is due will depend on whether the project is residential or commercial but, if I were you, I would get that first notice out and get the lien filed.
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com
The legal analysis would start with a review of your hierarchy on the project. Did you contract with the general contractor (termed the "original contractor" under Chapter 53 of the Texas Property Code, which governs mechanic's liens in Texas)? Or did you contract with a subcontractor?
Who is Yellow Jacket, and how does it fit in the scheme of things?
Was your project one that involved residential or commercial construction? Your deadlines could be different depending on the type of construction.
If you were a direct subcontractor on a commercial project, you were required to mail by certified mail notice of non-payment to the owner (and original contractor) with a funds trapping request by September 15, 2021. If the project were a residence, the deadline would have been August 15, 2021.
If you contracted with a subcontractor (not the original contractor who had a contract directly with the owner), your first deadline passed on August 15, 2021, by which date you were required to mail by certified mail notice of non-payment to the original contractor. Then your next notice by certified mail would be to the owner and original contractor by September 15, 2021, to provide notice of non-payment with a funds trapping request.
Retain a construction attorney to evaluate your legal situation and to provide advice.
Good luck.