We missed the deadlines to be able to file a claim on the prime contractor's bond, but is there still a way that we can get the payment owed to us by the second tier subcontractor?
You are probably out of luck with the bond claim, however, you performed work and it sounds like you were not paid for it. Generally speaking, that would give you a breach of contract/quantum meruit claim. However, filing a lawsuit to recover will probably cost you a lot of money.
A cheaper option might be to send a demand letter which demands payment from the company or person who hired you, within a specific time frame (ie 10 days after receipt of the demand letter). Most of the time, when our law firm sends out a demand letter, we tell the recipeint what will happen if they don't pay. Many times that means filing suit in the event of non-payment.
As I mentioned, filing a lawsuit can be very expensive, but sometimes the threat of legal action in a demand letter is enough to get the person who owes you money on the phone to talk about payment. If you think you need the assistance of an attorney, you can give us a call at Murphy Legal. We hand construction disputes across the state of Texas. Our phone number is (979) 690-0800.
Good luck to you!