You are the Sub-Subcontractor hired by a Subcontractor on a Commercial job. We invoiced for payment 9/5/21 of work done in august due on 9/20/21. notice sent to all parties. We invoiced 10/5/21 for work done.9/1/21 - 9/15/21 and notice resent with updated balance. Notice of intent to lien was sent to all parties 10/28/21. when can we file the lien?
Under Texas lien law, the deadline for a subcontractor to file their lien claim on a commercial project is no later than the 15th day of the 4th calendar month after the last month of furnishing labor and/or materials to the project. See: How to File a Texas Lien | A Step-by-Step Guide to Get Paid
One last thing to note is that a Notice of Intent to Lien isn't a required document under Texas law, but rather a voluntary document that can usually get claimants paid before having to actually file a claim. So that date shouldn't be used to calculate your deadline. Good luck!