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Monthly Notice Questions
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Monthly Notice
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We are the sub hired by the GC on a commercial project in Texas. We received an invoice from OUR sub for higher than the original contract. When we sent the change order to our GC for approval, they rejected it. We are in communication on how to solve the issue, but I want to make sure we're protected. We haven't sent an official invoice yet, but should we still send the 3 month monthly notice that's due next week?
TexasI have been setting forms and pouring concrete at an Apartment building for the past 45 days. I have not received a check in 3 weeks and wanted to put a lien on the property because the GC hasn’t paid me and I see no intent. Can I do anything
TexasThe owner of a project called our company & they are asking for our Hiring Customers Invoices, because we sent them a second month notice. Are we permitted to send it? I only ask, because I don't know if our hiring customer is marking up our prices to them, and our invoices would let them know what we charged our hiring customer, and do not want to cause problems with them. I have never had a owner call for our hiring customer's invoice, so I wanted to verify what I needed to do.
Texasi was working on a project and put a invoice in for payment and i only received half the payment, and the contractor put me off for couple weeks giving me a run a round about the payment.
TennesseeI send a single invoice for retainage at the end of a project. Can I still send a monthly notice if this retainage invoice is unpaid? The invoice includes retainage on the whole project, not just for work done in a particular month.
TexasI am a carpenter (sub contractor) who has been working for a GC in Texas. We (crew members), are frequently treated as employees, i.e. told when-what-where we are working and what jobs we are performing. We don’t sign any contracts for work to be performed or what the timeline is, contrary to a “normal” sub contractor to contractor agreement. The owner (GC) makes these decisions and contractual agreements with the client. We are however required to turn in a weekly invoice with our names (as our own company) and hours worked on said project. I have been working on an assigned project for a couple months that went over budget for a multitude of reasons. In good faith I turned in less hours than actually worked to keep budget in mind, and spent money on my personal debit card for materials to perform the task. I have detailed receipts. I have been using my own residence/electricity, etc. to work on said project. Once the project went over budget the GC informed me he would not only not pay me hours worked, but would not refund my detailed receipts showing they were all solely for the job and not personal expenses. I’ve informed the owner of the company (GC) I am not after anything but pay for my time and personal expenses. I don’t want this to effect the homeowner, just want to be compensated and move on with my life. I notified him of my last invoice on 9/11/19 as was told the next day he would send to his lawyer and hit me with a lien, which I’ve yet to see. I’ve spent almost two weeks from initial dispute stressed, confused, and countless hours on how to proceed. Please help.
TexasSo I’m in Texas, I hired a framer to complete the dry in phase for a residential addition. He got as far as all bu the siding on the project and quit showing up. I had paid him for about 75% of the amount we had contracted for, I did I not pay the total as he did not finish the project as laid out in our contract. I got a call last week from the lumber yard that he has not paid the last 5 invoices which were for the exterior sheathing and roof deck which they did install along with the tyvek house wrap. These invoices Also included the Hardi Siding, fascia and soffit which my in house crews had to install scene he did not show back up. The lumber company has only called to notif me they will need to file liens on me the GC and the homeowner for Thess invoices. ( please note that they have not mailed me anything or the owner) Out of the 5 only 3 were delivered to the site, so the 2 small invoices which were will calls I’m disregarding , however the three that were delivered on 5/31/19, 6/12/19 and 6/29/ 19 total about 4K I recognize these as legitimate. My question is should i go ahead and pay these or have the statue of limitations expired? Ive read much on this subject but still unclear on timelines for filing and process as a whole. So please proved some input. I would also like to find a local construction attorney int he DFW area that i can call on form time to tome and assist me going forward. Happy to pay you for your time as well. Just want to do all by the book. On this job I’m well over budget since this sub walked off but want to make sure All subs and suppliers are satisfied and my owner is not affected going forward. However i cant afford to over pay either, thanks for your time.
TexasWe are a material supplier in many states (LA, MS, TX, AL, etc). When we have a long project, do we only send the one preliminary notice at the beginning, or do we send a new preliminary notice with the updated amount for each new shipment?
LouisianaOur contract is "pay-when-paid", but when a job is complete, doesn't everything become due and owing?
TexasAs a material supplier, we often invoice months before we ship materials. For example, I have 3 unpaid invoices dated from January, but I didn't ship materials until May. I know some people calculate monthly notice deadlines from invoice dates, but I don't believe that is legally acceptable in my situation. Can you provide further info on the state statute and what is legally acceptable?
Also, am I required to send a copy of my unpaid invoice with my Texas notices? Where in the statute does it mandate this?
TexasRepresent demolition contractor who is unpaid. They were contracted by a sub-subcontractor on a commercial job in New Orleans. Our folks began work in late November and they left the job site by early February. The project is ongoing.
LouisianaI have 2 projects which are recently beyond 60 days on their invoices. I filed a notice for both projects approx 1 week ago. Can I move straight to a Mechanics Lien without jeopardizing my lien rights?
TexasAre we supposed to send monthly notices if only retainage is owed? If we haven't sent the Preliminary notice or any monthly notices yet can we start sending them or should we just send an Intent to Lien? This is for retainage only.
TexasWe are a supplier right now, but will also be a subcontractor in Texas soon. I am getting pushback from our sales group on filing preliens in Texas. They don't like having the contract amount on the initial notice. I want to make sure we retain our lien rights. My questions are
Do we have to send the initial lien notice to all parties as a supplier and as a subcontractor?
Does the contract amount have to be on the initial notice?
Thank you very much.
TexasCan a Texas Preliminary Notice be sent even prior to being onsite…basically anytime after the contract is signed?
If you have a very short duration project, let’s say it’s a one or two day project, do you still have until the 15th of the second month after your first day onsite to send the Preliminary Notice?
Texas