We are currently entering Invoice Dates. There are some cases where the work was performed at the end of May, but the Invoice doesn't cycle until June. Are we still covered if we use the invoice date?
1 reply
Aug 22, 2019
Texas monthly notices must generally be sent by the 15th day of the second or third month after work is performed but not paid for, depending on things like your role on the project and the project type.
This deadline begins running on the last day of the month when work is performed but not paid for. As a result, having an exact date is less important than having the month correct, for the purposes of sending monthly notice. And, if notice is properly sent and covers the correct months, that notice would protect lien rights.
Generally, invoices present a good reference point for when Texas monthly notices must be sent. This is because work is typically invoiced monthly, and construction businesses keep a good record of which invoices have and have not been paid.
In a situation where work performed in one month isn't invoiced until the next month, it's possible that the amount relating to that work might slip through the cracks. And, in that situation, the best way to ensure protection might be to make sure monthly notice is also sent for that following month.
For more background on Texas monthly notices:
(1) About Texas Monthly Notices(2) How To Prepare & Send Texas Monthly Notices – Texas Notices Explained