I need to file a bond claim with the General Contractors direct contract which is a utility company on a federally funded grant. I have an outstanding invoice and a NEC that reflects earnings I have yet to receive. I just learned these types of entities have a bonding company for unpaid claims. Is there anything specific I need to know for texas. Montgomery and waller counties preferably.
You really need to retain a construction attorney to determine which law applies to your situation. The law applicable could be the Texas Property Code or the Texas Government Code or the Miller Act, all depending on who owns the real property. Federal funding is a red herring. Lots of project receive federal funding but are privately owned, and the filing of mechanic's liens would be governed by the Texas Property Code.
Good luck.
Hello,
Regardless of county, you would need to perfect your claim by perfecting according to the laws of this state. Meaning:
1. Send notice of intent to lien/notice of nonpayment and intent to file a claim against the bond to the GC, Property Owner, and bond company. Send this via Certified Mail. You have until the 15th day of the 3rd month after each month in which any of the claimed labor or material was provided. 15th day of the 2nd month if you are not directly in relationship with the Prime Contractor.
2. Once the notice is mailed, you have to give them 61 days before you can sue on the payment bond.
You are allowed to recover the unpaid balance that you are claiming as well as reasonable attorney's fees.
E. Aaron Cartwright III
214.799.0776
Aaron@EACLawyer.com