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Can I file a mechanic's lien

TexasMechanics Lien

I'm a subcontractor and we finished this job in May of this year. We billed Retainage in May and have been given excuse after excuse regarding the release of Retainage. I am aware that we have missed the mechanic's lien deadline but, is there anything that we can do to get paid?

2 replies

Sep 20, 2022

First, I would double check to make sure your deadline to file a mechanic's lien really has passed. Calculating mechanic's lien deadlines in Texas can get tricky. If possible, contact an attorney and explain your situation fully, in order to determine when your deadline is. 

However, if you are certain that you missed the deadline, you still have a few different options. The first thing you can do is send an intent to lien with a demand for payment contained in it. Even though you may have missed the deadline to file your lien, you may still send the intent without actually filing. This can sometimes scare the GC enough that they pay. You can also hire an attorney to send a demand letter, demanding payment. This is another way of poking the GC and encouraging payment. 

Last resort would be hiring an attorney and possibly filing a lawsuit for breach of contract or unjust enrichment. Hopefully it doesn't have to get that far. Demand letters can be your best friend in these situations. 

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Sep 20, 2022
Sue the upstream contractor for debt
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