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Can/should I file a lein

Texas
Anonymous Contractor

I finished a parking lot paint job for this current company and sent an invoice on March 9th. The property manager states I'm going to get paid after there audit but won't put me in contact with any kind of accounting department.

2 replies

CEO at Wolfgang & Rhodes
| 88 reviews
Jun 8, 2023

Have you sent preminary notices for filing A lien? Deadline is the 15th of the 4th month after work was completed or supplies delivered. If not I would reccomend doing so Asap 

Even without a lien I help contractors such as your self get paid on projects everyday nationwide if you are contiuning to have issues with this feel free to reach out to me at 972-872-8783 I would love to see if i can help 

Using this website does not create an attorney-client relationship between Wolfgang and Rhodes our project partners, or any user.
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Attorney at The Erikson Firm, A Professional Corporation
| 150 reviews
Jun 9, 2023

The legal analysis would start with a review of your contract, and then extend to any communications which have occurred.

You should retain a construction attorney to evaluate your documents and legal situation, and to provide advice. You could be deemed to be an original contractor with Texas Constitutional mechanic's lien rights, but that depends on who the "current company" is. Did the "current company" contract with the property manager?

You should consider preparing a letter to mail by certified mail, return receipt requested, to your customer and to the property manager to set out the facts, and to demand payment. You should support your letter with a copy of your unpaid invoice(s) and photographs of your completed work. Make sure that your letter is professional and businesslike as it may be evidence later.

If the amount your are owed is less than $20,000, you may consider filing suit in small claims court, using your letter as evidence.

Good luck.

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