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Irving, Texas

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The lien clock starts with the work, not the invoice

Why the deadline to protect a payment claim is usually counted from your last day on the job, and how to find yours.

Ila Lofgren, Partner6 min read
Hands laying a red brick on a mortar bed along a string line

Ask a subcontractor when the deadline to protect their payment claim started and most will say it was the day the invoice went unpaid. It usually started months earlier.

Counted from the work

In most places, the deadline to send a notice or file a lien is counted from something that happened on the job: your last day of work, the last delivery of materials, or the completion of the contract. It is rarely counted from the invoice date, or from the day you stopped hearing back.

Find your dates first

  • The date you first furnished labor or materials
  • The date of your last work or delivery
  • The date of the contract, and of any written change to it
  • The date the owner or contractor says the job was finished

With those four dates, the notice rules for your state and your kind of job give you a calendar. Without them, you are guessing.

Notices come before liens

Many states ask subcontractors and suppliers to send a notice early in the job, sometimes within weeks of starting, before a lien can be filed at all. A late notice can limit the claim even when the lien deadline is still open.

What to do this week

Write down the four dates. Gather the contract, your pay applications and any notices you sent. Then call before the calendar decides for you.

This guide is general information about how these deadlines tend to work, not advice about your job. The rules differ by state, by type of project and by your role on it.

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