HELPING TEXAS VENDORS AND SUBCONTRACTORS GET PAID
What are the keys to being a good salesman? Well, there are five things. First: ask for the money. I’ve forgotten the other four. - Jerry Jones
WHY WORK IF YOU DON’T GET PAID? YOU COULD BE ON THE BEACH What is the most important part of any project? When you GET PAID
There is nothing worse than working on a project or supplying material and not getting paid. You would have been far better off if you had not been awarded the job! For too many subcontractors and vendors, this is becoming a daily reality. WHY WORK IF YOU DON’T GET PAID? YOU COULD BE ON THE BEACH
The word “unprecedented” is being used daily to describe our current economic situation. Speculative building and bad loans have caused a global credit crisis. The people that suffer are the only people that are really doing their jobs – subs and vendors! WHY WORK IF YOU DON’T GET PAID? YOU COULD BE ON THE BEACH
It only makes sense that you should get paid for your hard work. So what do you do if you haven’t been paid? Call the GC? Go by the job site? Call again? Surely there is a better way. WHY WORK IF YOU DON’T GET PAID? YOU COULD BE ON THE BEACH
LET NOTICETOOWNER.COM PROTECT YOUR RECEIVABLES Traditional ways subcontractors and vendors try to collect their outstanding receivables: <ul><li>Demand Payment </li></ul><ul><li>File a Lien Claim </li></ul><ul><li>Sue </li></ul>The truth is, by the time you get to these options, it is TOO LATE. There is no more money .
Instead of trying to collect on past due invoices, wouldn’t it be nice to be the first to get paid? This is possible, if you tell the General Contractor and Owner you are serious about getting paid by sending a Notice To Owner of Unpaid Balance monthly for every project you work on. LET NOTICETOOWNER.COM PROTECT YOUR RECEIVABLES
WHAT IS A NOTICE TO OWNER OF UNPAID BALANCE? A Notice To Owner of Unpaid Balance is a letter that is sent to the owner and general contractor of a project in your name. The letter is cordial, and states: <ul><li>What project you worked on </li></ul><ul><li>How much you are owed </li></ul><ul><li>What you did for the project </li></ul><ul><li>That the owner may be personally liable, and their property subject to a lien if you are not paid </li></ul><ul><li>Who you are </li></ul>
WHAT DOES A NOTICE TO OWNER OF UNPAID BALANCE DO? A Notice To Owner of Unpaid Balance does several things: 1) Makes the owner call the GC. Often, the owner of a property does not know a GC hasn’t paid a sub or vendor. The Notice is probably the first time the owner learns of this. An owner does not want a lien filed on their property.
A Notice To Owner of Unpaid Balance does several things: 2) Protects your lien claim. The Notices are documents that MUST be sent to the correct people on time in order for your lien claim to be valid. If you do not send your Notices, and then try to file a lien, it might be rejected as an invalid lien claim. WHAT DOES A NOTICE TO OWNER OF UNPAID BALANCE DO?
A Notice To Owner of Unpaid Balance does several things: 3) Puts you at the top of the GC’s payment list A general contractor receives hundreds of invoices a month. Very few subs and vendors in Texas timely send their Notices. If a GC has hundreds of invoices to pay, and only one of those is accompanied by a Notice, who do you think the GC will pay first? WHAT DOES A NOTICE TO OWNER OF UNPAID BALANCE DO?
WHAT ARE THE DEADLINES FOR FILING A NOTICE TO OWNER? For a residential project, Notices must be sent by to the Owner and the GC by the 15 th of the second month following the month the debt accrues. For a commercial project, Notices must be sent to the Owner and the GC by the 15 th of the third month following the month the debt accrues. [If you are a “sub-sub”, an abbreviated Notice must first be sent to the GC (only) by the 15 th of the second month.]
WHAT DOES NOTICETOOWNER.COM DO FOR ME? NoticeToOwner.com makes your life easier by: 1) Helping you choose the correct Notice Different situations call for different Notices. Our website asks you simple questions that help you create the correct Notice.
NoticeToOwner.com makes your life easier by: 2) Mailing your Notices to the appropriate people Included in the cost of your Notice is certified mailing to the Owner and General Contractor. The certified receipt and return receipt are in your name and are returned to you. WHAT DOES NOTICETOOWNER.COM DO FOR ME?
NoticeToOwner.com makes your life easier by: 3) Maintaining copies of your Notices for future use You may need your Notices in the future should you file a lien claim. We will maintain copies of your Notices and provide them upon request. WHAT DOES NOTICETOOWNER.COM DO FOR ME?
WILL NOTICETOOWNER.COM FILE A LIEN CLAIM FOR ME? Can NoticeToOwner.com file a lien claim? NoticeToOwner.com can not file lien claims. We are not a law firm. A possible attorney contact is: Kristen Williams Cook, Attorney Higier Allen & Lautin, P.C. 5057 Keller Springs, Suite 600 Addison, Texas 75001-6231 www.higierallen.com Phone: 972.716.1888 x 239 Fax: 972.770.7843 E-mail: [email_address]
IMPORTANT INFORMATION ABOUT NOTICETOOWNER.COM NoticeToOwner.com is not a law firm! We can not analyze your specific situation, or provide legal advice. NoticeToOwner.com is not a substitute for the advice of an attorney. Information obtained from the use of these resources should be discussed with a qualified professional as this information and documents may not be accurate with regard to your particular circumstances.
IF YOU HAVE ANY QUESTIONS, PLEASE CALL 972.416.5056