We have an aging retainage that was submitted through a Pay App in the amount of nearly $25,000 which is over 1,000 days old with Balfour Beatty in Cleburne in Johnson County, and we are ready to complete an installation for another project for Balfour Beatty in Denton just North of Dallas for approximately $80,000. We have sent Balfour Beatty notice that they are on credit hold until we get the $25,000 and they send us a copy of the check for the $80,000 to be given to our project manager at the time and immediately as we complete the project. We want to get paid on both of these projects, what would you suggest?
The legal analysis would start with your contract, and then extend to any communications which have occurred, and to the excuses that Balfour Beatty has provided. Some contracts permit the contractor to delay payment until the contractor has been paid by the owner. If properly worded, the provision could qualify as a "pay if paid" excuse to payment. I would have to review your contract to see if the contract has such wording.
You have waited too long to provide the owner of the previous project with a retainage notice, and then to file a mechanic's lien.
You should consider preparing a letter to mail by certified mail to Balfour Beatty to set out the facts and to demand payment. If appropriate include copies of photographs of your work or materials. Then consider filing suit using your letter as evidence.
Retain a construction attorney to evaluate your legal situation and to provide advice.
Good luck.
Require the $25K check to be delivered at the job site before you start the next job.