Home>Levelset Community>Legal Help>We provide specially fabricated materials. Our engineering work frequently starts in advance of delivering anything to the job- what do we use as first delivery date?

We provide specially fabricated materials. Our engineering work frequently starts in advance of delivering anything to the job- what do we use as first delivery date?

TexasPreliminary Notice

We are trying to figure out what should be defined as first delivery date. We start engineering work well in advance of delivering materials to an actual jobsite. Is the first delivery date our first day working on the engineering (which is when we invoice) or the first day we deliver that material to the jobsite? This job is in Texas, but we sell nationwide

1 reply

May 21, 2020

The time for sending a Texas Notice of Specially Fabricated Materials is based on when the claimant "receives and accepts the order for material." So, for a specialty manufacturer/supplier on a Texas job - the first furnishing date should really be when the order is accepted. Plus, there's generally not much downside to sending Texas notices a bit on the early side. With that being said, the rules are different in every state. Typically, for general suppliers, the first furnishing date should be the date when the materials are furnished to the job site. When those materials are being specially made, then the date when that work begins might make sense instead. And, usually, there's little harm in sending preliminary notice a bit on the early side (with a few exceptions). If you have questions about a specific state - feel free to post a question about that state here on the Expert Center and someone can provide an answer for you in that particular state.

0 people found this helpful

Helpful