My company executed a $25,000.00 Conditional lien wavier in Good faith as requested from my Contractor on July 21,2021. The Contractor did not pay me as instructed. Please advise as soon as possible. We have missed a deadline due to our Contractor not communicating with us any longer in any fashion. This is vital to our small companies survival. Thank you Natalie DeLeon
Hello,
A conditional lien waiver only waives a lien once it has been paid.
You have not been paid, so, assuming you still have some time left, send notice and file the lien. In the alternative, sue the Contractor for a myriad of Causes of Action including Fraud and Fraudulent inducement.
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com
Missed what deadline? Retain a construction attorney to evaluate your legal position and to provide advice.
You should consider preparing a letter to mail by certified mail, return receipt requested, to the contractor to set out the facts and to demand the relief that you want. Attach your unpaid invoice(s) and any representations from the contractor that you would be paid. Make sure that your letter is professional and business like as it may be evidence later.
The contractor may have violated the Texas Construction Trust Fund Act, and its principals could be personaly liable.
The contractor may have violated the Texas Prompt Payment Act, and could be liable for statutory interest.
Again, retain a construction attorney.
Good luck.