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Can I file a lien with the general contractor if my employer is refusing to pay my commission?

TexasLien on Funds

I work for a roofing company in Texas and sold and produced a $1.8M project for a general contractor through the company I work for. My employer has done this in the past with other employees and it seems like he is headed there with my commissions on this project, he is going to refuse to pay my commission on this project. The company has a retainage check coming in this month and I know he will have the funds to pay, but will refuse. Am I able to file a lien on the retainage check with the general contractor to lock up the final check until he pays me my commission?

1 reply

Mar 16, 2021

In order to have mechanic's lien rights under Chapter 53 of the Texas Property Code, you would have to labor, or furnish labor or materials for construction or repair of the building or improvement. I do not know what you did, but if you do not qualify for a mechanic's lien, then you should not file one. You should consider preparing a letter to mail by certified mail, return receipt requested, to the owner and the general contractor to set out the facts and to demand the relief that you want. Make sure that your letter is professional and business like as it may be evidence later. Good luck.

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