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When should I file the 1st Notice to Lien on invoices date 8/20/21 but due 9/19/21?

TexasNotice of Intent to Lien

I am the Sub-Contractor trying to figure out what is the correct steps for me to get paid by the General. Contractor.

2 replies

Sep 10, 2021

Fundamentally, notice letter law does not care when your invoices were sent or are due. Instead, the law cares about when the work was performed. Just as an example, (and I suggest that you driectly consult a professional on this), if work is performed by a subcontractor on a commercial (i.e. not residential job), the notice letter would be due by no later than the 15th day of the third month (second month for residential projects) following each month in which work was performed. So if you performed work for a few months in a row, each month needs its own letter to be safe. You also need to be aware of the separate lien filing deadline itself.

I hope this helps clarify generally how the process works. Best practice is to send notice letters early and often following each month in which work is performed. Just get your staff familiar with the process and that way your company will always have lien options available to you which are very powerful should you not be paid appropriately. 

Very best,

Ben House

281-762-1377

ben@houseperron.com 

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Sep 13, 2021
For a non-residence and for work done in August, you need to:
 
Send an intent-to-file lien notice to the owner by Novemberer 15, 2021.
File a lien by December 15, 2021.
 
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