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Can I file a lien on a hotel if I’m the Sub-Sub Contractor and the Insured on the job?

TexasMechanics LienPayment DisputesPreliminary Notice

I worked on and insured a job for a Sub Contractor I was working with on a Hotel Renovation Done in Austin, Tx. The General Contractor knew I insured the job and helped in the work on the job but made the check out to the Sub Contractor. Hence the Sub Contractor was paid and didn’t pay me for my work. Normally the company who insures the job gets paid for the work but in this case they paid the Sub Contractor.

2 replies

May 7, 2018
I'm sorry to hear about that - I'm sure it's very frustrating. In Texas, mechanics lien rights are available to sub-subcontractors as well as contractors, subs, and suppliers. However, Texas has burdensome and strict notice and deadline requirements. So, a mechanics lien will be an available option to sub-subcontractors, but only if proper notice is sent. For a sub-sub on a commercial project, this includes both A. 2nd Month Notice (delivered no later than the 15th day of the second month following each month in which the lien claimant furnished labor or materials for which he is still unpaid); and B. 3rd Month Notice (delivered no later than the 15th day of the third month following each month in which the lien claimant furnished labor or materials for which he is still unpaid). Check out this page for more on Texas monthly notices.Regarding the time to file a mechanics lien - generally, in Texas, a mechanics lien must be filed by the 15th day of the 4th month after the month in which the lien claimant last furnished labor or material to the project. In order to also protect the lien claimant’s claim against the retainage at the same time, the lien should be filed within 30 days after the completion of the project (not claimant’s last furnishing). For help calculating lien deadlines, Levelset's Payment Rights Advisor should be a good resource.
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May 22, 2020
How can I proceed on receiving payment from work I did on a holiday day inn? Been sending emails & invoices with late fees.
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