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Can I send NTO to start the lien process

Texas

I'm the genereal contractor on a residential remodel. I started the job on 01/12/22 and finished on 05/31/23. Levelset is giving me an error message when creating my NTO it says I missed a deadline??

1 reply

Jun 19, 2023

You really need to retain a construction attorney to evaluate your legal position and to provide advice. If you were to file an invalid mechanic's lien, you could violate the Texas Fraudulent Lien Act, and could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees.

You should consider preparing a letter to mail by certified mail to the owner to set out the facts, and to demand payment. Attach your unpaid invoice(s) and photographs of your completed work. Make sure that your letter is business like and professional as it may be evidence later.

If need be, consider filing suit in small claims court (if your claim is less than $20,000), using your letter as evidence.

Good luck.

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