Home>Levelset Community>Legal Help>Can I collect money from a GC with change order never sign? GC tells my supervisor to do it because it was on the contract. we din't do it the hired someoe else and paid they about $200,000 for t-up they refused to give us doc. showing what they pay. i just wonder if i have a case on just getting my money

Can I collect money from a GC with change order never sign? GC tells my supervisor to do it because it was on the contract. we din't do it the hired someoe else and paid they about $200,000 for t-up they refused to give us doc. showing what they pay. i just wonder if i have a case on just getting my money

GC refuse to give me details how they pay over $200,000 for doing t-up in one building out of 7 building. they hired another contractor because we ask for them to sign change order and now they are doing a back charge to me. I put a lien for $425,000 but he tells me that he don't care because they are going to get a bond. I don't know is is anything I can do.

3 replies

Jun 19, 2018

Bonding off a mechanics lien is fairly common - and it doesn't mean that a lien won't be effective. However, it may mean that there will be a few more hoops to jump through. On a basic level, the bond has more or less taken the place of the underlying project property. So, recovery will come via an action on the bond rather than enforcing the lien that's attached to the property. In Texas, when a lien is bonded off, the party claiming a lien will have to sue against the bond for recovery. The claimant must then file suit on the bond within the same time frame that an enforcement action would have needed to come on the lien claim. For non-residential property, that means suit must be brought by the later of either 1) 2 years after the last date on which the lien claimant could file his lien, or 2) 1 year after termination, completion, or abandonment or the project. For residential property, an action to enforce the lien must be initiated by the later of either 1) 1 year after the last date on which the lien claimant could file his lien, or 2) 1 year after termination, completion, or abandonment of the project. For a little more info on bonding off liens, try this article: Primer on Mechanics Lien Bonds and Bonding Off A Mechanics Lien.

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