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Submitting copy of statement or invoice with Monthly Notices?

I understood I needed to specify a dollar amount in the Monthly Notice already, but as a Material Supplier, or as they label me "Derivative Claimant", I also need to include a copy of the invoice? The Statement we send out would actually be problematic, it can include a summary that list multiple General Contractors, and the only way to simplify that is cross out the ones that don't apply.

1 reply

Apr 4, 2019

That's a good question, and in fact, it's one I've heard a few times recently. In Texas, monthly notice requirements are set out by the Texas Property code at § 53-056 (for non-residential projects) and § 53.252 (for residential projects). § 53-056(f) and § 53.252(e) both state "A copy of the statement or billing in the usual and customary form is sufficient as notice under this section." These sections do not state that a statement, billing, or invoice must be included when notice is sent. Rather, they state that a copy of the statement, billing, or invoice may be sent in place of monthly notice. As you'd mentioned above, there are plenty of reasons why sending statements, billings, or invoices might not be in the best interests of a sub or supplier, so sending notice in a different manner is extremely common (and generally preferable). For more information on Texas notices, this resource should be valuable: Texas Lien & Notice Overview.

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