I'm an independent contractor who was hired by the tenant of a new restaurant in a strip shopping center. I performed many services for the tenant such as HVAC changes, masonry work, and painting. I supplied some of the materials as per the Tenants request (paint and supplies). I worked during the month of November 2022. My last day of work was 11/28/2022. Payment for the work was due on my last day of work which was 11/28/2022. The tenant is refusing to pay me for my work and material cost. The tenant paid the first $1000 on 11/16/2022 and is refusing to pay me the balance owed of $2500. I do not have a written contract with the tenant, however I do have an oral agreement with the tenant. I sent out a Notice to File a Lien to the tenant and property manager on Dec. 2, 2022. Do I have the right to file a Lien Affidavit? All work was performed in Texas.
Yes, you probably have the right to file a mechanics lien. Your next step is to fill out a lien affidavit completely and accurately and file with the county clerk in the county where the property is located. Once you file, you have to send notice to the property owner within 5 days of filing. You send your notice by sending a copy of the lien affidavit to the last known business or personal address of the property owner. It is very important that you follow all of these statutory steps for perfecting a lien.
If you feel you need assistance from an attorney, please feel free to give us a call at Murhpy Legal. We have experienced construction attorneys who can file liens across the entire state of Texas. Our phone number is (979) 690-0800.
Good luck!