Create or sign in to your account to view more questions
Log in or create an account to get access to the best parts of the Community
Sign upSign in instead
Explore the community
Upcoming Webinars
MAY
08Ferguson’s Mission-Driven Leadership: How Purpose Powers SuccessLive Webinar: 10:30 AM CST
Are you a lawyer?
Join the only network built for the construction legal community.
Already part of the community? Login here
Related Topics
Monthly Notice Questions
All Status
Monthly Notice
All States
we are a material supplier - I need to know if we do not send monthly statement of account on jobs in NH does this preclude us from filing a lien for non-payment? I need to know if it is a REQUIREMENT per state statute. Or please send me the language in the statute.
Also do you have a matrix for all states requiring monthly statements be sent to parties up the chain from us?
From LEVELSET website:
New Hampshire
Preliminary Notice Deadlines
30 Days
Best Practice: Notice of lien rights served on owner prior to providing labor or materials.
Delivery of written account of labor and/or material furnished every 30 days (for the previous 30 days).
New HampshireWe did file a monthly notice on a customer which referenced a December invoice specifically and included in the total an amount invoiced in February. The December invoice got paid during the process and the customer asked for a retraction. The February and March invoices are still outstanding so I was not sure whether its wise to retract. thanks, Stan
TexasI am needing to print a copy of the 2020 Monthly Notice Control for Tennessee and Louisiana
LouisianaWe are a commercial framing and drywall contractor -
when should I be sending notices to our GCs/project owners for non-payment of invoice?
Typically we bill on the 20th and expect payment by the 30th of the following month.
Also, does retainage follow the same guideline?
TexasHi,
I'm working on projects in Georgia where customers require conditional waivers to be signed on progress billings. The GA waivers states that after 60 days of signing we are considered to be paid unless we send an affidavit of nonpayment or file a mechanics lien. So on every progress billing/invoice that we send and sign waivers on throughout the life of the project will require an affidavit of nonpayment or a lien claim filed before 60 days? Also, is the Affidavit being filed at the court?
GeorgiaWhile I know the first day we were on the job, I also know materials were delivered earlier, but I don't know that exact date. Can I use the first day on the job to start the preliminary notice tracking or could that cause trouble down the line?
TexasThe job is not in levelset for a particular customer. How do I create a lien notice if the project is not located in "Projects"?
TexasWe send out our preliminary notices for all jobs we wish to have a claim on retention for, but do we need to also send the monthly notices for the invoices billing that retention? A customer was under the impression that we have no claim on retention and therefore cannot send the monthly notices, however I am pretty sure we can issue notices for retention. I wanted to confirm with you and possibly gain some insight as to reasoning and rules.
TexasWe often order materials up to 3 months before they actually get delivered to the jobsite itself. Which date should we use to calculate our monthly notice deadlines? The date the materials are first delivered to us, or the date they are delivered to the job site? These are custom-made materials - how does the law define "specially fabricated materials?"
TexasWe're a subcontractor who had done work on 3 jobs for a specific GC. We have never been paid and the GC has since gone out of business. Another sticky issue is we haven't sent out our monthly notices. What would be our next course of action?
TexasOur company helps finance our customer's invoices and we work closely with another factoring company. We are working to get notices sent out for the invoices that we have taken over and want to confirm what the notifiers' information should be on these notices. Should it be the factoring company's name and address, or should it be the company's information that has actually done the work on the project. Additionally, most notices require a signature from a representative. Should the document signer be from the company that did the work, or can it be my name representing the capital company.
TexasWe are trying to set up our TX monthly notice procedures at our company. The Levelset Learning Center resource indicates that for commercial (non-residential) projects for a 1st tier sub contracting with a GC, only a 3 month notice is required and there is no 2 month notice required. I looked at Tex Prop Code 53.056 and it appears from my quick review that both a 2 month and 3 month notice are required of subs at any level. Can you send me the authority for the 1st tier sub on commercial projects needing only a 3 month notice, and not a 2 month notice? Thank you.
TexasWe are still currently on a job where we have an unpaid invoice from Oct. My 3 month notice deadline is populating but so is a notice of lien rights. Do I need to send this even if the job is not yet complete?
TexasI am in the state of Texas, we are a subcontractor to the general contractor who is contracted with the owner directly. Since our projects go on for a few months in the commercial realm, and I have already sent the notice out did one of the months we are owed for, do I file the lien for just that month or the months following that as well even though they are technically not “past due” yet and we have not sent the notices out for the following months, as they would be due this month.
TexasI was contracted in May of 2019 by a general contractor to provide roll-off services and dumpster rental on a residential job in Texas. After paying their initial invoice, the GC ran into issues on the project and then essentially left town. They are ignoring attempts to contact them. However, when I looked into the property record, it showed that the GC also owned the property.
So, since I am contracted with the owner (who is also the GC) should I send monthly notices and use the lien process like a subcontractor or can I go straight to filing a lien here (absent the homesteading exceptions)?
Texas