Home>Levelset Community>Legal Help>Hi I am in Texas and I’m wondering what action I should take so here’s the situation I’ve got multiple invoices that need to be sent from 2 years ago some are already sent and were never paid I’m in the process of writing them all up to send to the clients I was subcontracted to get more money back from the insurance adjusters for different things I am wondering the legality surrounding liens if they decide not to pay the invoices again?

Hi I am in Texas and I’m wondering what action I should take so here’s the situation I’ve got multiple invoices that need to be sent from 2 years ago some are already sent and were never paid I’m in the process of writing them all up to send to the clients I was subcontracted to get more money back from the insurance adjusters for different things I am wondering the legality surrounding liens if they decide not to pay the invoices again?

I’ve got about $60000 in unpaid invoices that need to be sent or already have been sent as a subcontractor for different contracting companies in return I would receive %15 of the net profit from the readjusted insurance payout after fixing certain things on the original RCV and working something out with the insurance company it’s been 2 years since the work was completed and not a single dime has been paid back I’m wondering if I can still send the i voices then wait and send liens if needed ?

1 reply

Mar 6, 2019

I'm sorry to hear about that. While I'm not able to give you advice on how you should proceed, I can provide some information that should be relevant and helpful for making that decision yourself. Of course, for legal advice on what options might be available, you can always consult a local construction attorney. Let's look at (1) the deadline to file a Texas mechanics lien (as well as the process for doing so); and (2) some options outside of the mechanics lien process that can help to recover payment. First - the TX lien deadline. In Texas, a mechanics lien claimant has a set amount of time to file their mechanics lien. After that deadline passes, a valid and enforceable lien can no longer be filed. In TX, the deadline is a few months beyond the time when the claimant last furnished labor or materials. For more information on this deadline and for more information on the process for filing a TX lien, these resources should be helpful: (1) Texas Lien & Notice FAQs; and (2) How to File a Texas Mechanics Lien. Recall, of course, that there are ways outside of the mechanics lien process to obtain payment. For one, the mere warning or threat of lien can compel payment. Mechanics liens are a powerful tool, so notifying a nonpaying customer, the GC, and the owner that a lien will be filed if payment isn't made can often work to resolve a payment issue - even where the claimant can't or won't file a lien claim going forward. zlien discusses that idea here: What is a Notice of Intent to Lien? Beyond that, there are still a number of other potential options. Threating to take legal action (based on theories like breach of contract, unjust enrichment, or even under the Texas prompt payment laws) will often get the ball rolling on payment talks. Further, actually taking that legal action may make sense, too. But, for clarity on exactly what options are available and what methods of recovery will be the most fruitful, it'd be wise to consult a local construction attorney - they'll be able to review all documentation and other circumstances and determine how best to proceed.

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