I'm a subcontractor and was on a decent size project in Conroe, Texas. i was asked to step off the project without any official reason and now am owed $12,700 + late fees and overdraft charges incurred due to this. i was told by the HR that according to my contract, they have 90 days to pay me what is owed or outstanding. i contacted them after the 90 days and they said sorry, you will not get paid because the Prime contractor back charged me $90k. now that contractor is telling me that i can not do anything because the 90 days have passed. can i still file a Mechanic Lien against the contractor i signed my contract with? it is now nearing 120 days past
Hello,
There are some mistakes all over this as well as some questions.
Questions
Are you a subcontractor or an employee?
Is the project residential or commercial?
Did you send the required notices to the Owner and GC?
Mistakes
You should not have listened to this "HR". You, as a subcontractor, are required to send notices to the General Contractor and Property Owner on certain deadlines and it seems as if you missed those deadlines. You would be out on your lien rights if you missed those deadlines.
Based on the 120 days and no indication that notices were provided, it sounds like you are out on your lien rights.
Going Forward
You still have causes of action against the GC in court. Breach of Contract etc. All hope is not lost.
E. Aaron Cartwright III
214.799.0776
Aaron@EACLawyer.com
You should consider preparing a letter to mail by certified mail, return receipt requested, to your customer to set out the facts and to demand the relief that you want. Attach documents to support your position, including your invoice(s) and photographs of your completed work. Make sure that your letter is professional and business like as it may be evidence later.
If need be, consider filing suit in small claims court, using your letter as evidence.
You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.
Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.
Good luck.