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Can I file a claim against the GC bond as a subcontractor to a subcontractor of the GC?

Texas

We were hired by a subcontractor of the GC to do some demo work. This person has not paid, and we considered a lien against the project, however we were told that a claim against the bond would be a much better move. We know the GC has a bond but are not sure about the subcontractor that hired us.

1 reply

Nov 23, 2021

First, you do have the possibility of mechanic's lien rights as a sub-subcontractor. But you would have had to comply with the notice requirements set out in Chapter 53 of the Texas Property Code.

Filing a proper mechanic's lien is an alternative way of filing a payment bond claim.

You may also consider filing a claim on the payment bond, but again there are notice requirements.

Retain a construction attorney to evaluate your legal position and to provide advice.

Good luck.

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