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Can I file a NOI / Mechanics Lein?

Texas

I'm a Subcontractor on a small commercial project for TxDot. They specified a special order product that had to be paid for prior to production, non-returnable/non-cancellable. I paid for it, with the GC's confirmation that the December billing would be accepted so I could get reimbursed in following month. In mid-January, he tells me that TxDot will only accept billing for materials ON the jobsite. The young GC didn't explain to TxDot the specialty of the material and billing. A special order/prepaid custom material even when not on the jobsite is still viewed as material on the job. Now I am going into 65+ days of nonpayment for December billing. Am I correct/justified in filing the NOI?

1 reply

Feb 25, 2021
If TxDOT owns the project, then Chapter 2253 of the Texas Government Code would apply to claims. Under Chapter 2253, the general contractor (known as the prime contractor under Chapter 2253) would have to post a payment bond. So, you would not have a right to a mechanic's lien, but could file a payment bond claim. Retain a construction attorney to evaluate your legal rights and to provide advice. Good luck.
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