We were doing a Starbucks for a General Contractor, this job is complete and billed, waiting for only retainage to be paid. During the freeze in Dallas, the GC called us out for a service call due to broken pipes. Since the job has been closed out on their end, less retainage payment, they're refusing to pay for the service call. Can I submit lien documentation for that one service invoice billed on 04/21?
The first thing that you would have to do is mail by certified mail notice to the owner (or tenant) to provide notice of non-payment with a request that the owner (or tenant) trap funds from the general contractor.
You do not indicate what your service call entailed, or what sort of work you performed. If your call conferred some value on the property, then you likely would have the right to perfect a mechanic's lien. But remember that if the property is leased by a tenant, it may be that your work only conferred a benefit on the tenant, and you may not have a claim against the real property owner. Your mechanic's lien and claim may be valid only against the tenant's leasehold interest.
Retain a construction attorney to evaluate your legal situation and to provide advice.
Good luck.
Hello,
There's a process for this. You, as the subcontractor, are required to provide notice. Yes, you may submit the required documentation to begin the process of perfecting a lien. If I know anything about Corporate America, it's that someone is going to walk away missing a piece of their tail end for not paying someone to the point of needing to file a lien.
Levelset can help with the notices.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com