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Can I file a mechanics lien?

TexasMechanics Lien

250 LF of fencing replaced & stained at a condo complex in Dallas Texas. Work was completed Dec. 23rd. We requested payment to close out our invoice & they stated they needed time (Until Jan 7th) so their Maintenance Manager could return from vacation to do a final inspection and let us know if there were any punch list items. During this time we sent an Intent to File a Lien through Levelset. We received a punch list in the mail January 16th. We reached out to say we would respond to the punch list but we needed some time to complete a separate project we had previously committed ourselves to begin & complete according to a strict deadline. We are a small business with limited man power so work was not able to resume at this property until we completed our other project. We had some setbacks & then experienced weather set backs. Now we have received a letter terminating our contract & an estimate from a different contractor to complete the punch list that was sent to us. Our total labor cost to do the whole project invoiced was $4500. The new contractors estimate to complete our punch list was sent as $6525.00 The property management is requesting for us to pay them the difference of $2025.00 to get the punch list completed by this other contractor. Can we place a lien on this property? Is there any way to ensure we can complete our punchlist & get paid for all the work completed?

1 reply

Mar 12, 2021
Maybe. The legal analysis would start with a review of your contract, and then extend to any communications which occurred, including your intent to lien notice. You should retain a construction attorney ASAP to help you write a letter to the owner by certified mail, advising that the owner is in breach of the contract, and offering to complete the project, and advising that the owner is not mitigating its damages by not permitting you to complete. I assume that your contract did not contain a drop dead deadline, or indicate that time is of the essence. That would mean that you would have a reasonable amount of time to complete your work. Good luck.
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