Texas suppliers: the February notice nobody sent

Texas is the state where "what's our deadline on this job?" is the wrong question for an indirect supplier. There isn't one deadline. There's one per month of unpaid materials.

Under Texas Property Code § 53.056(a-1), a supplier who doesn't contract directly with the owner sends notice of unpaid materials to the owner (or reputed owner) and the original contractor. It's due by the 15th day of the 2nd month after the furnishing month on residential projects, or the 3rd month on non-residential projects. Materials furnished in January: March 15 for residential, April 15 for non-residential. If that day is a Saturday, Sunday or legal holiday, it moves to the next day that is none of those (§ 53.003(e)).

The mistake LienDeadline's Texas guide calls out is a quiet one. A supplier furnished unpaid materials in January, February and March. Notices went out on time for January and March. February got missed. The February materials don't get covered by the months on either side of it, so a lien for that month can fail on its own.

A month-by-month ledger catches this better than a single job date does:

• One row per furnishing month, with the unpaid amount for that month.
• The notice due date for that month, worked out from residential or non-residential.
• The date the notice went out, how it went (certified mail, personal delivery or a qualifying traceable service under § 53.003), and the proof.

Two caveats. A supplier that contracts directly with the owner doesn't owe the monthly notice; its filing month depends on when its own original-contract work was completed, terminated or abandoned. And retainage, specially fabricated materials and homestead property each have their own rules.

LienDeadline's guide to Texas monthly notice deadlines for suppliers has the filing periods and statute cites. It covers original contracts entered on or after January 1, 2022.

From the LienDeadline team. General information, not legal advice; have a qualified reviewer check the facts on any live job.