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Can i file a lein

I'm a subcontractor after I completed a job. The supervisor on the project ask me to come back to do more work. I informed him that I would have to bill him for additional work. He said ok just send invoice to his boss. When I sent the invoice to his boss he told me he did not approve the extra work and that all extra work had to be approved in writing by him beforehand. He said maybe the supervisor would pay me personally. I have been trying to reach out to him about this but no response.

1 reply

Feb 28, 2020

Generally, when extra work is performed via a valid change order, that work will give rise to mechanics lien rights. Though, if the contract for work specified that change orders must be executed in a specific manner, then the change order should be executed as laid out by the contract. And, failure to follow a required procedure could end up creating issues with lien rights. More on that here: Change Orders and Mechanics Lien Rights. If the contract didn't call for a specific change order form or didn't require that change orders be made in writing, then authorization from a project supervisor coupled with ordinary invoicing may well be sufficient. And, if the supervisor is normally entitled to make decisions like the one in this case, then their boss' approval might not ultimately be necessary.

Recovery options before pursuing a mechanics lien claim

Let's look at a few options that might help with recovering payment without actually needing to proceed with a lien filing.

Texas monthly notices

Before proceeding with a lien claim, keep in mind that Texas does require monthly notices to preserve mechanics lien rights. And, those notices will often lead to payment all by themselves. More on the TX monthly notice requirements, here: Texas Preliminary Notice Guide and FAQs.

Invoice reminders

Further, keep in mind that a simple recovery tool like an invoice reminder might nudge a customer to do the right thing and pay what's owed. Regularly reminding a customer about outstanding invoices will at least keep the debt on the top of their minds.

Demand letters

Escalating matters a bit by sending a formal payment demand letter will draw some attention, too. A demand letter will typically send a strong message - they'll usually include specific legal threats and put a deadline on when payment must be made. If a customer knows you're willing to do what it takes to get paid, they may be more willing to simply pay for change orders.

Notices of Intent to Lien

Finally, keep in mind that the mere threat of a lien claim will often be enough to get paid. By sending a Notice of Intent to Lien, claimants let their customers know they're serious about getting paid and prepared to put the entire job in jeopardy if payment isn't made for their work.

Texas mechanics lien resources

If a mechanics lien does ultimately become necessary, I think these resources will be really helpful: - Texas Mechanics Lien Guide and FAQs - How to File Your Texas Mechanics Lien – A Step by Step Guide to Get You Paid

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