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What is my first furnishing date on this job? Do I still have lien rights?

I currently have a contract with my GC and we have purchase specially fabricated material for a job in Texas and began billing for the materials. The materials were never delivered to the job sight and work was not completed do to COVID-19. I started to bill the GC back in November for materials but never started to do work on the job. Do I use the first invoice date for the materials as the first furnishing date? Do Istill have lien rights to this job?

1 reply

Apr 10, 2020

If you were "furnishing" items that were to be used on or incorporated within the project then you very likely have a basis for the lien. However, a derivative claimant (a claimant without a direct contract with the owner) must give written notice of the claim to the owner, with a copy to the original contractor, no later than the 15th day of the third month after each month in which all or part of the unpaid work or materials were furnished. Likewise, you may very well have lien rights for work performed in January forward, but your next notice letter deadline COULD BE AS SOON AS APRIL 15th. I RECOMMEND THAT YOU REACH OUT TO ATTORNEY AS SOON AS POSSIBLE FOR ASSISTANCE IN SECURING YOUR LIEN RIGHTS, IF ANY. You may contact my office directly on this issue if you wish, but please do it soon. Very best, Ben House 281-762-1377 ben@houseperron.com

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