I'm a Sub hire by a sub who was hired by a GC . Can I file a lien since I have a contract with the Sub and not the GC? I was promised payment on portion of our contract, but since we are almost finished with the jobsite. He wants to take over the job but we are almost done with the erection.
The legal analysis would start with a review of your contract, and then extend to a determination of the ownership of the project, and then to any communications which have occurred.
If the project is owned by a public owner (not privately owned), you cannot file a mechanic's lien against the real property. If the property is leased, you may have lien rights against the tenant's leasehold interest.
The Texas mechanic's lien process is cumbersome. As a sub-subcontractor, you would have had to provide notice by certified mail of non-payment to the original contractor (the contractor who contracted with the owner) by the 15th day of the second month after the month in which you performed the unpaid work. You would then have to provide notice of non-payment (and to request a trapping of funds) to the owner and the original contractor by certified mail by the 15th day of the third month after the month of your unpaid work.
You may be better served by writing to your customer by certified mail to demand payment, and then, if the amount is less than $20,000, filing suit in small claims court.
Texas mechanic's lien law is complicated and convoluted. Retain a construction attorney to evaluate your legal situation and to provide advice.
Good luck.
Hello,
This sounds like a project owned by the government. No, you may not file against such projects. You have to perfect against the bond using the same process as a lien. In actuality, all you do is send a notice of nonpayment to the General Contractor and the the surety that the GC has their payment bond through.
That should get you paid assuming you did the work properly.
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com