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Do we lose our right to lien a job if we sent out an invoice without any terms listed?

Texas

I sent out a few invoices to the same client, but the "terms" field was blank. Does this mean we lose our rights to lien a job for those particular invoice amounts?

2 replies

Jul 7, 2021
Not generally!
 
That's separate from the loan If noticing steps, which you must still follow though.
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Jul 10, 2021
You refer to the invoice. By terms, do you mean some sort of payment schedule? Do you actually mean the notice? They are different. To support your lien effort you need to send a timely notice which provides the amount claimed as well as description of work done or material supplied. If you are the general contractor, you do not need to send a notice to have a lien. You have a constitutional line without a notice though it is best to send one to protect against a good faith buyer of the property. If you are a 1st tier subcontractor, your notice to the owner needs to have the amount claimed, the work done or material supplied, and the name of the general contractor as well as language informing the owner of the potential lien. If you are a second tier subcontractor (doing business with a first tier subcontractor) you need to provide the name of the subcontractor, the general contractor, the amount claimed, a brief description or work done or material supplied, and the sub for whom you did the work. Of course in any notice you need to put a property description of the property involved.
 
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