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are we able to place a lien on work that we do not have a signed change order/epo?

TexasChange Orders

we are a subcontractor on a commercial Job we have a signed contract with the builder, however they requested us to perform extra work not included in our contract. they requested it via email and they approved the proposals we sent for the extra work. however they never created an official signed change order. we performed the work and now they refuse to pay for the extra work. we have proof they requested the work to be completed and proof they approved the totals we said they would charge however everything is in email not in official signed change orders. can we legally place a lien on this even though it was not formally approved only informally?

2 replies

Mar 5, 2021
If you performed work on the project, and benefited the project, you likely have mechanic's lien rights. But to perfect those rights, you will have to provide the owner will timely notice of non-payment and to trap funds by certified mail. Without that notice, you will not have lien rights. Retain a construction attorney to evaluate your situation and to perfect your lien claim. Good luck.
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Mar 9, 2021

Hello,

The answer to your question is Yes. It sounds to me like you do have lien rights as they requested and you performed work for which you have not been paid.

Since it appears you are a subcontractor, pay very close attention to your deadlines. Your notices need to be sent by the 15th day of the second month following the month in which work was completed.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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