We have done some work for a business and the work has already been completed, but they haven't sent payment. Are we able to file a lien against them, if so what is the time frame in order to be able to file?
Hi, there. The answer depends on your status (i.e., are you a contractor, subcontractor, or supplier), whether the project is residential or non-residential, and when work was last performed on the project. I am well versed in this area and am happy to help. Feel free to give me a call or shoot me an email.
Unfortunately, you are well beyond the non-residential lien deadline if the work was performed in 2018. You may have other avenues of recourse (e.g., breach of contract or quantum meruit), but that will likely require a strongly written demand letter or litigating to recover.
Non-residential liens must be filed by the 15th day of the third month after work is performed (assuming the required notices have been provided). As for quantum meruit, that's a situation where you don't have a contract but can show you performed work and provided value but have not been paid. As to the balance of your question, it necessarily steps into the attorney-client relationship/provision of legal advice and would require a formal engagement. If you'd like to discuss, please reach out to me at rishabh@chapmanfirmtx.com. Thanks!
*Correction, the fourth month after work is performed.