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we are a HVAC Mechanical Contractor working directly with the owner when is deadline for first notice

TexasBond ClaimsLien DeadlinesMechanics LienPreliminary Notice

We completed a job for a charter school (owner) which was completed and billed on 09/30/17. When is our first notice due.

2 replies

Nov 3, 2017
There are a few things to consider here.

The first is that for private projects in Texas, parties who contract directly with the property owner are not required to provide a preliminary notice. The first "notice" required is technically filing and serving the claim of lien itself - which must occur by the 15th day off the 4th month after the month in which the claimant last furnished labor or materials to the project.

The second is that for public projects, a party who contracts directly with the property owner is not afforded protection under the project's bond, which must be obtained by the GC (direct contractor). And, accordingly no notice is required. The avenue for recovery in this instance is generally a lawsuit directly against the contracting entity.

Whether or not the project us public or private can be tricky to determine on charter school projects which can get both public and private funding, and which can be located in privately owned buildings or publicly owned buildings. The first step is likely finding out the ownership of the property on which the work was performed itself, in order to determine whether the property can be liened.
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