When do we need to file a preliminary notice and subsequent notices/filings during the timeline of a project in Texas?
With regard to filing initial intent to lien notice, and subsequent filings, in Texas: we were recently told by a LevelSet representative that unless we file a monthly notice/an intent to lien in the first month of projects life cycle, and each subsequent month after that, then we will lose our ability to lien at any point during that project, this being true even in the case when our customer has already paid these invoices on time, before deadline to file intent to lien.
This is the exact opposite of what we had previously been told by a different LevelSet representative when we were first purchasing the Levelset software. My previous understanding was that if customer never gets behind in paying we never need to file initial monthly notice or intent to lien. But if 6 months into a project they get late in paying, then we can file intent to lien on that months amount owed, which has no bearing on previous months. And likewise, if paid in months 7 to 9 no filing, but in month 10 you can file notice again.
Generally speaking, I thought that this was looked at on a month by month basis, and all paperwork had to be filed for each month where appropriate, by that months deadline(s).
Can you please clarify.