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File Lien or Bond Claim

Texas

I completed a public works job for the City of Dallas on Nov 13. I have not been paid the 7200.00 in retention due from this job. I have already filed through Levelset a Notice of intent and Notice of Retainage Witheld. What are the next steps I need to take to pursue uncollected funds from this job?

2 replies

Feb 14, 2022

If you contracted directly with the City of Dallas, the project should be a public project, and not a private project. For public property, there are no mechanic's liens, and Texas Property Code Chapter 53 does not apply. So, there would be no notice of intent or notice of retainage.

If you did not contract directly with the City of Dallas, and the project is a public project (involving publicly owned land), then Texas Government Code Chapter 2253 would apply and your notices should comply with that Chapter.

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.

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Feb 25, 2022
Hi Brian, Thank you for your response. We did not contract directly with the city of Dallas. We were hired by the GC for this project. Would that fall under Public or Private status?
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